Baldevbhai Cheldas Patel vs Pranbhai Bajidas Patel
2023 Latest Caselaw 5832 Guj

                                                                              NEUTRAL CITATION




     C/LPA/691/2023                            ORDER DATED: 09/08/2023

                                                                               undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 691 of 2023
          In R/SPECIAL CIVIL APPLICATION NO. 10897 of 2021
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
             In R/LETTERS PATENT APPEAL NO. 691 of 2023
==========================================================
                      BALDEVBHAI CHELDAS PATEL
                               Versus
                       PRANBHAI BAJIDAS PATEL
==========================================================
Appearance:
MR ANVESH V VYAS(5654) for the Appellant(s) No. 1
for the Respondent(s) No. 4
MR K.M.ANTANI, AGP for the Respondent(s) No. 3
MR SP MAJMUDAR(3456) for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE N.V.ANJARIA

                           Date : 09/08/2023

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Heard learned counsels appearing for the parties and perused the record.

2. The instant appeal arises out of a writ petition which was filed challenging the order dated 19.6.2021 passed by the Mamlatdar and the Executive Magistrate, Kalol, in a mutation application.

3. The appellant / respondent in the writ petition claimed mutation on the basis of a gift deed of the year 1958, during the

NEUTRAL CITATION

C/LPA/691/2023 ORDER DATED: 09/08/2023

undefined

pendency of the Civil Suit No.221 of 2021, which was filed for cancellation of the registered sale deed dated 15.1.2021, executed in favor of the writ petitioners / respondents herein.

4. The judgment and order dated 16.2.2023 passed by the 2 nd Additional Civil Judge, Kalol at Gandhinagar has been placed before us to demonstrate that the plaint has been rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, resulting in dismissal of the suit. The said suit has been dismissed on the ground of limitation being barred by Section 3 of the Limitation Act, having being filed after the period of twelve years from the date of cause of action. It was sought to be submitted in vain that the dismissal of the suit was pursuant to the rejection of the plaint. In our view, the said aspect can be said to be neither significant nor decisive.

5. Taking note of the above facts, we find that the mutation application filed by the appellant herein will not survive. Even otherwise, no infirmity could be found in the order passed by the learned single Judge.

6. The present Letters Patent Appeal is dismissed.

In view of dismissal of the Appeal, the Civil Application will not survive. Accordingly, it is disposed of.

(SUNITA AGARWAL, CJ )

(N.V.ANJARIA, J) Mansi