Gujarat High Court
Lhr Of Decd Shyamubhai Ramubhai ... vs Heirs And Legal Representatives ... on 23 March, 2023
Bench: Nirzar S. Desai
C/CRA/158/2023 ORDER DATED: 23/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 158 of 2023
=====================================================
LHR OF DECD SHYAMUBHAI RAMUBHAI SURANI
Versus
HEIRS AND LEGAL REPRESENTATIVES OF DECD. JAYANTILAL
NATHALAL SHAH AMIT JAYANTILAL SHAH
=====================================================
Appearance:
MR SP MAJMUDAR(3456) for the Applicant(s) No.
1,1.1,1.2
MR UMANG R SHAH(12013) for the Applicant(s) No.
1,1.1,1.2
for the Opponent(s) No. 2,2.1,2.2
MR ARPIT A KAPADIA(3974) for the Opponent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 23/03/2023
ORAL ORDER
1. By way of this civil revision application, the
applicants have prayed for the following
reliefs:-
(A) YOUR LORDSHIPS may be pleased to call
for the record and proceedings of Regular
Civil Appeal No.186 of 2018 from the Court
of learned 8th Additional District Judge,
Vadodara and further be pleased to quash
and set aside judgment and order dated
11.11.2022 passed by learned 8th
C/CRA/158/2023 ORDER DATED: 23/03/2023
Additional District Judge, Vadodara, in
Regular Civil Appeal No.186 of 2018 (at
ANNEXURE-G hereto);
(B) During pendency and final disposal of
the present application, YOUR LORDSHIPS
may be pleased to stay further operation,
implementation and execution of judgment
and order dated 11.11.2022 passed by
learned 8th Additional District Judge, in
Regular Civil Appeal No.186 of 2018 (at
ANNEXURE-G hereto);
(C) Such other and further reliefs as may
be deemed just and proper in the facts and
circumstances of the present case may
kindly be granted."
2. The matter was heard at length however, learned
advocate Mr. S.P. Majumdar and learned advocate
Mr. Arpit A. Kapadia, upon instructions of their
respective clients, both jointly request that
they do not invite a reasoned order and the
impugned order may be quashed and matter may be
remanded back to the Appellate Court for
adjudicating the Regular Civil Appeal No.186 of
2018 afresh considering the fact that the
C/CRA/158/2023 ORDER DATED: 23/03/2023
original suit is of year 1997.
3. In view of the aforesaid consensus arrived at
between the parties and joint request, the
impugned order dated 11.11.2022 is hereby
quashed and set aside and the matter is remanded
back to the Court of learned 8th Additional
District Judge, Vadodara or which ever the Court
that is assigned the hearing of Regular Civil
Appeal No.186 of 2018 for adjudicating the
Regular Civil Appeal No.186 of 2018 deciding
afresh.
4. learned advocates appearing for the respective
parties state that the Appellate Court may be
directed to hear and decide the appeal within a
period of six months from the date of receipt of
the writ of this order.
5. In view of that the Appellate Court is directed
hear and decide the Regular Civil Appeal No.186
of 2018 latest by 31.10.2023.
6. It is clarified that as the parties have not
C/CRA/158/2023 ORDER DATED: 23/03/2023
invited a reasoned order, the Appellate Court is
directed to decide the appeal without being
influenced by the order of this Court on its own
merits.
7. With the aforesaid directions, the present Civil
Revision Application stands disposed of.
(NIRZAR S. DESAI,J)
Pallavi
