Rajendra Babulal Kothari vs Kamdaben Bhavarbhai Shah
2023 Latest Caselaw 1980 Guj

      C/SCA/1908/2023                                  ORDER DATED: 01/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 1908 of 2023

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                        RAJENDRA BABULAL KOTHARI
                                 Versus
                        KAMDABEN BHAVARBHAI SHAH
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Appearance:
MR DEVARSHI C SHAH(5545) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,2.1,2.2,2.3,2.4,2.5,2.6,2.7,2.8,3
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  CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 01/03/2023

                               ORAL ORDER

1. By way of present writ-application the writ-applicant has prayed for quashing and setting aside the judgment and order dated 2.1.2023 passed by the learned 3 rd Additional Civil Judge, Disha in application below Ex.16 in Regular Civil Suit No.132 of 2022. It is further prayed that the stay which was granted on 23.12.2022 be extended till the application below Ex.5 is decided on record of the case in the interest of justice.

2. Heard Mr. Vimal Purohit, the learned advocate appearing for Mr. Devarshi Shah, the learned advocate appearing for the writ-applicant.

3. Mr. Vimal Purohit, the learned advocate appearing for the writ-applicant submitted that the writ-applicant filed

C/SCA/1908/2023 ORDER DATED: 01/03/2023

application below Ex.16 in Regular Civil Suit No.132 of 2022 whereby stay came to be granted on 1.2.2023 which is required to be extended. The said application preferred by the writ-applicant came to be rejected by the learned 3 rd Additional Civil Judge, Disha on 1.2.2023.

4. Being aggrieved by the said order dated 1.2.2023 the writ-applicant has approached this Court seeking the following reliefs :-

"(A) This Hon'ble Court may be pleased to admit and allow the present petition;

(B) This Hon'ble Court may be pleased to issue writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the Judgment and Order dated 2.01.2023 passed by the Learned 3rd Additional Civil Judge Disha in application below exhibit 16 in regular civil suit no 132/2022, ANNEXURE-D of the petition and extend the stay granted by the learned court on 23/12/2022 till the application below exhibit 5 is decided with the merits and records of the case in the interest of justice;

(C) During the pendency of the present petition, that this Hon'ble Court may be pleased to stay the implementation, execution and operation of the Judgment and Order dated

C/SCA/1908/2023 ORDER DATED: 01/03/2023

2.01.2023 in regular civil suit no 132/2022 passed by the Learned 3rd Additional Civil Judge Disha in the interest of justice Marked at Annexure-D.

(D) This Hon'ble Court may be pleased to pass such further and other orders or directions as the nature and circumstances of the case may require;"

5. Having gone through the documents which are produced alongwith the writ-application, the trial Court is in the process of considering the application below Ex.5 which is preferred by the writ-applicant i.e. the original plaintiff and the next date is 3.3.2023. For the said reason that the application below Ex.5 is to be listed on 3.3.2023, no interference is called for in exercising supervisory jurisdiction under Article 227 of the Constitution of India. Considering the fact that the prayers as prayed for in the writ-application are to the effect that the stay which was granted by the learned trial Court on 23.12.2022 be extended till the application below Ex.5 is decided.

6. It is open for the writ-applicant to agitate his grievance and submit before the learned trial Court when the matter is to be taken up for hearing of Ex.5 application and the concerned Court may consider the same in accordance with law.

C/SCA/1908/2023 ORDER DATED: 01/03/2023

7. Mr. Purohit, the learned advocate also submitted that the respondent herein has preferred an application below Order VII Rule 11 of the Code.

8. In view of above, the present writ-application stands disposed of.

9. This Court has otherwise not opined on the merits of the matter.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED