Ismail Yusuf Vavda vs Mehulkumar Ajitbhai Pithavala
2023 Latest Caselaw 579 Guj

      C/AO/3/2023                                ORDER DATED: 18/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/APPEAL FROM ORDER NO. 3 of 2023
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                 In R/APPEAL FROM ORDER NO. 3 of 2023
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                         ISMAIL YUSUF VAVDA
                                Versus
                    MEHULKUMAR AJITBHAI PITHAVALA
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Appearance:
MR NV GANDHI(1693) for the Appellant(s) No. 1,10,11,12,2,3,4,5,6,7,8,9
for the Respondent(s) No. 1,2,3,3.1,3.2,3.3
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 18/01/2023
                   ORAL ORDER

Mr N.V. Gandhi, learned advocate appearing for the appellants, fairly conceded that in view of the recent judgment of the Apex Court in the case of Dahiben vs. Arvindbhai Kalyanji Bhanusali, reported in (2020) 7 SCC 366, he seeks permission to withdraw the captioned Appeal from Order, as it is by now well settled that if the sale consideration has not been paid, the same cannot be a ground for cancellation of the sale deed. It is urged that the suit, is of the year 2006 and therefore, appropriate direction be issued for expediting the hearing of the suit.

2. Request is acceded to. The Appeal from Order, is disposed of as withdrawn. No order as to costs.

3. Clearly, the Special Civil Suit no.69 of 2006, is of the year 2006 and is pending decision and therefore, this Court, deems it appropriate to direct the learned Principal Senior Civil Judge, Surat, to decide the Special Civil Suit no.69 of 2006 at the earliest and not

C/AO/3/2023 ORDER DATED: 18/01/2023

later than one year from today.

4. Needless to mention that the learned advocates, shall cooperate and not seek unnecessary adjournment. The Court below, shall decide the suit, independently and strictly in accordance with law.

5. In view of the disposal of the captioned Appeal from Order, the Civil Application (for stay) no.1 of 2022, does not survive and same also stands disposed of. No order as to costs.

(SANGEETA K. VISHEN,J) BINOY B PILLAI