Narsinhbhai Somabhai Padhiyar ... vs Legal Heirs Of Decd Shardaben ...
2023 Latest Caselaw 2449 Guj

      C/SCA/4644/2023                                             ORDER DATED: 21/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 4644 of 2023

                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
             In R/SPECIAL CIVIL APPLICATION NO. 4644 of 2023
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          NARSINHBHAI SOMABHAI PADHIYAR (BARIYA)
                          Versus
LEGAL HEIRS OF DECD SHARDABEN JESINGBHAI PADHIYAR (BARIYA)
==========================================================
Appearance:
MR YASH J PATEL(11240) for the Petitioner(s) No. 1,2,2.1,2.2,2.3,3,4,4.1,4.2
for the Respondent(s) No. 1,1.1,1.2,1.3,2,3,4,4.1,4.2,5,6
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 21/03/2023
                                    ORAL ORDER

1. The present petition is filed by challenging the

impugned judgment and order dated 19.10.2022 passed th by the learned 5 Additional District & Sessions Judge,

Vadodara in Misc. Civil Appeal No.17 of 2019, by which

the order passed the order passed below Exh.5

application in Regular Civil Suit No.1039 of 2010 dated rd 01.04.2019 by learned 3 Additional Civil Judge &

JMFC, Vadodara, was challenged, and therefore, the

present petition under Section 227 of the Constitution of

India is filed by challenging the order passed by learned

trial Court as well as learned lower Appellate Court.

C/SCA/4644/2023 ORDER DATED: 21/03/2023

2. Heard learned advocate Mr. Yash J. Patel for the

petitioners.

3. After arguing for some time, learned advocate for

the petitioner is not pressing this petition and has

prayed that since the suit is of the year 2010, the

appropriate direction to expedite the suit proceeding may

be given.

4. Considering the fact that the said suit is pending

since the year 2010 before the learned Civil Judge,

Vadodara, it is directed that the proceedings of the

Regular Civil Suit No.1039 of 2010 pending before the learned Civil Judge, Vadodara shall be expedited and

and decided, after giving proper opportunity to the

parties, and as expeditiously as possible, on or before

30.04.2024.

5. It is expected that the parties shall co-operate in

the proceedings of the suit without seeking unnecessary

adjournment.

C/SCA/4644/2023 ORDER DATED: 21/03/2023

6. In view of above, the present petition is disposed of.

ORDER IN CIVIL APPLICATION:-

In view of order passed in the main petition i.e.

Special Civil Application No.4644 of 2023, the Civil

Application stands disposed of accordingly.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA