Shantaben Aljibhai Parmar vs Urvish Ravjibhai
2023 Latest Caselaw 3574 Guj

     C/SCA/19894/2019                                      ORDER DATED: 28/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 19894 of 2019
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                          SHANTABEN ALJIBHAI PARMAR
                                   Versus
                              URVISH RAVJIBHAI
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Appearance:
MR PS OZA(1392) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 28/04/2023

                                    ORAL ORDER

1. By way of this petition, the petitioner is

challenging the orders dated 9.4.2019 and 10.7.2019

passed below Exhs.18 and 29 respectively in Regular

Civil Suit No.90 of 2018, which were filed under Order

26 Rule 9 of the Code of Civil Procedure, 1908 (`CPC'

for short) and under Section 114 of CPC respectively.

2. This petition is filed in the year 2019 and the

impugned orders are also of the year 2019. This petition

was adjourned from time to time since then and no

notice is still issued in this matter. On 27.1.2020, the

coordinate Bench of this Court passed the following

order:

C/SCA/19894/2019 ORDER DATED: 28/04/2023

"When the matter is called out, none remained present. In the interest of justice, as a last chance, the matter is adjourned to 05.02.2020."

Thereafter also, the matter was adjourned. Today also,

none present for the petitioner when the matter is called

out.

3. Considering the above aspect and considering

the material available on the record and the impugned

orders, this Court finds that there is no infirmity or

perversity or illegality in the impugned orders which

require interference of this Court.

4. At this stage, it is required to refer to the judgment of the Apex Court in the case of Garment

Craft V/s Prakash Chand Goel reported in (2022) 4 SCC 181, more particularly, paragraph nos.15 to 17 therein,

where it was held that High Courts while exercising

powers under Article 227 does not act as appellate

authority and cannot reappreciate evidence and the

jurisdiction exercised under Article 227 is in nature of

correctional jurisdiction to set aside grave dereliction of

duty or flagrant abuse of process of law and High Court

C/SCA/19894/2019 ORDER DATED: 28/04/2023

cannot substitute its own view on merits.

5. In view of the above discussion, this petition is

dismissed.

(SANDEEP N. BHATT,J) SRILATHA