Muktaben Gunvantray Patel vs Lilavatiben Nagindas Kothariya
2023 Latest Caselaw 4975 Guj

    C/SCA/10548/2023                              ORDER DATED: 27/06/2023




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 10548 of 2023
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                         MUKTABEN GUNVANTRAY PATEL
                                    Versus
                       LILAVATIBEN NAGINDAS KOTHARIYA
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Appearance:
MR HARSHIT S BHATT(12874) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 1,2,2.1,2.2,2.3,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 27/06/2023
                               ORAL ORDER

Heard Mr. Anshin Desai, learned senior counsel with Mr. Harshit S. Bhatt, learned advocate appearing for the petitioners.

Learned senior counsel appearing for the petitioners has submitted that in the suit, the Court Commissioner had drawn panchnama with respect to suit property, however, it could not be exhibited and therefore, at the time of passing judgment, the factum of panchnama was not considered by the Trial Court. It is submitted that in order to prove the factum of panchanama, the petitioners may be permitted to avail appropriate remedy before the appellate court. It is fairly stated that after hearing the parties, the matter is reserved for judgment.

Considering the issue involved in the matter, without going into merits of the matter, permission sought for is granted.

C/SCA/10548/2023 ORDER DATED: 27/06/2023

As and when application is filed, learned trial Court shall decide the same in accordance with law. It is clarified that this Court has not expressed on merits of the case.

Petitioners are permitted to act upon downloaded copy of this order.

In view of the above, petition stands disposed of accordingly.

(ILESH J. VORA,J) VVM