Devkuvarba Navubha Jadeja vs State Of Gujarat
2021 Latest Caselaw 13563 Guj

     C/SCA/14276/2019                             ORDER DATED: 07/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14276 of 2019

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                        DEVKUVARBA NAVUBHA JADEJA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
ANKIT N MEHTA(7302) for the Petitioner(s) No. 1,2,3
MR. HARDIK B KORADIYA(9955) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 2,3,4
MR. TRUPESH KARITHIYA, AGP for the Respondent(s) No. 1
MOSON LE EXPARTS(11071) for the Respondent(s) No. 5
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                              Date : 07/09/2021

                               ORAL ORDER

1. Rule returnable forthwith. Learned Assistant Government

Pleader waives service of notice of rule for and on behalf of

respondent­State.

2. This petition is preferred by the present petitioners, who are

the original defendants before the trial court, requesting to quash

and set aside the order dated 06.06.2019 passed below Exh.5 in

Regular Civil Appeal No.114 of 2018 by learned Additional District

& Sessions Judge, Jamnagar.

3. Having heard learned advocate for the respective parties as

well as learned APP for the respondent, in appears that in an

C/SCA/14276/2019 ORDER DATED: 07/09/2021

appeal preferred by the present respondent No.5 i.e. Regular Civil

Appeal No.114 of 2018 challenging the judgment and decree

passed by learned Principal Senior Civil Judge, Jamnagar vide

order dated 06.06.2019, learned Additional District Judge was

pleased to pass the following order:

"The present application seeking to have stay on the operation of an execution of decree under challenge stands allowed till next date subject to following terms;

a) The applicant/appellant herein shall submit security cum undertaking that due performance of such decree or order as may ultimately be binding upon him;

b) The applicant/appellant herein be hereby put on terms that if the present judgment and decree be maintained or confirmed by the Appellate Court shall be liable to pay the compensation as may be adjudged by the Appellate court from the date of passing of the present order till the present proceedings terminates and undertaking in this regard as well to be submitted by him (applicant/appellant herein)."

4. Having considered the facts that Regular Civil Appeal No.114

of 2018 preferred by the respondent No.5 is still pending before

District & Sessions Court, Jamnagar without any adjudication on

account of pendency of this petition before this Court. Vide order

dated 12.02.2020, this Court (Coram : Hon'ble Mr.Justice R.P.

Dholaria) was pleased to pass the following order:

"Heard learned advocate Mr. Ankit N. Mehta for the petitioner.

Since the suit is already dismissed by the learned Trial Court, no fruitful purpose would be served in getting the suspension of

C/SCA/14276/2019 ORDER DATED: 07/09/2021

decree on the part of the original plaintiff. Though without appropriately appreciating the factual scenario the learned Appellate Court has passed order in a manner which has created confusion as if the plaintiff is in possession and the plaintiff is out to take disadvantage. That sort of order of suspension has been passed by the learned Appellate Court vide order dated 6.6.2010 passed below Exh.5 in Regular Civil Appeal No.114/2018.

In view of the aforesaid factual position, the order passed by the learned Appellate Court below Exh.5 in Regular Civil Appeal No. No. 114/2018 stands suspended till final disposal of this petition. List on 16.4.2020.

Direct service is permitted."

5. With the consent of learned advocates appearing for the

respective parties, in the interest of justice, let the Regular Civil

Appeal No.114 of 2018 preferred by the respondent No.5 before

the District & Sessions Court, Jamnagar be decided on merits

preferably within a period of six months from the date of receipt of

this order. Till then, parties shall maintain status quo in respect of

the suit property and they would not transfer/sell the said property

without prior permission of the District & Sessions Court,

Jamnagar.

6. With this observation and direction, present petition stands

disposed of. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(B.N. KARIA, J) SUYASH