Pritiben Sunilkumar Gaglani vs Jeet Hitendrakumar Mandaviya
2023 Latest Caselaw 3718 Guj

     C/FA/912/2022                                     ORDER DATED: 01/05/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 912 of 2022

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                       PRITIBEN SUNILKUMAR GAGLANI
                                  Versus
                      JEET HITENDRAKUMAR MANDAVIYA
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Appearance:
MR KV SHELAT(834) for the Appellant(s) No. 1,2,3
SUDHANSHU A JHA(8345) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 01/05/2023

                                ORAL ORDER

1. Heard learned advocate Mr. K.V.Shelat for the

appellants and learned advocate Mr. Sudhanshu A. Jha on

behalf of the respondent.

2. Learned advocates for the respective parties, under

instruction, would submit that a broad consensus has been

arrived at between the parties insofar as the issue in question

is concerned and whereas, it is submitted by the parties

jointly that the impugned judgment and order passed by the

learned 6th Additional Civil Judge, Ahmedabad (Rural) in Civil

Misc. Application No. 141 of 2017 preferred under Section

372 of the India Successions Act, 1925 be set aside and

whereas, the Misc. Application concerned may be revived by

C/FA/912/2022 ORDER DATED: 01/05/2023

this Court and appropriate directions be passed to the learned

Civil Court to decide the application within a stipulated time.

3. Considering the submissions made by learned advocates,

following directions are passed:-

(i) The impugned order dated 17.10.2018 passed by learned

6th Additional Civil Judge, Ahmedabad (Rural) in Civil Misc.

Application No. 141 of 2017 is hereby quashed and set aside.

Consequent issuance of probate certificate would also stand

quashed.

(ii) Upon the impugned order being set aside, the Civil Misc.

Application No. 141 of 2017 is directed to be revived whereas

the applicant before the learned Civil Court, as per the

consensus arrived at between the parties, shall join the

applicants herein as well as any other person interested in the

property/ interested in the proceedings. Upon such persons

being joined in the proceedings and after giving them

adequate opportunity, learned Civil Court shall endeavor to

hear and decide such application.

(iii) After the Civil Misc. Application No. 141 of 2017 is

revived and the above procedure is followed, the learned Civil

C/FA/912/2022 ORDER DATED: 01/05/2023

Court concerned where the said application would be listed, is

directed to decide the same within a period of six months from

the date of receipt of this order. To clarify, the learned Civil

Court shall decide the same by 31.12.2023.

4. It is further clarified that learned Trial Court shall not be

influenced in any manner whatsoever by the present order,

more particularly, the order being passed without entering

into the merits of the matter and whereas, the learned Civil

Court shall decide the application in accordance with law.

5. With the above observations and directions, the present

first appeal is disposed of as allowed.

(NIKHIL S. KARIEL,J) Bhoomi