Mali Maniben Aasuji vs State Of Gujarat
2023 Latest Caselaw 3954 Guj

          C/SCA/12410/2018                                  ORDER DATED: 04/05/2023




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 12410 of 2018

                                      With
                  R/SPECIAL CIVIL APPLICATION NO. 16533 of 2018
                                      With
                  R/SPECIAL CIVIL APPLICATION NO. 16530 of 2018
                                      With
                  R/SPECIAL CIVIL APPLICATION NO. 16531 of 2018
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                                   MALI MANIBEN AASUJI
                                          Versus
                                    STATE OF GUJARAT
==========================================================
Appearance:
MR PARESH A. PATEL(5456) for the Petitioner(s) No. 1
MS TANUSHREE SHRIMAL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                     Date : 04/05/2023
                                   COMMON ORAL ORDER

1. The present group petitions are filed by challenging the

impugned orders dated 13.04.2018 passed in Civil Misc.

Appeal No.23 of 2013, Civil Misc. Appeal No.20 of 2013, Civil

Misc. Appeal No.21 of 2013 and Civil Misc. Appeal No.22 of

2013 respectively in the captioned petitions by the learned

th Addl. District & Sessions Judge, Banaskantha at

Palanpur as well as the orders dated 30.3.2013 passed below

Exh.5 application in Regular Civil Suit No.114 of 2012, below

Exh.5 application in Regular Civil Suit No.109 of 2012, below

Exh.5 application in Regular Civil Suit No.112 of 2012 and

C/SCA/12410/2018 ORDER DATED: 04/05/2023

below Exh.5 application in Regular Civil Suit No.111 of 2012

respectively in the captioned petitions by the learned 3 rd

Addl. Civil Judge, Palanpur. All the captioned petitions are

identical in nature, which are confirmed by the learned Trial

Court.

2. Since all the captioned matter are identical in nature, all

the matters are taken together for hearing.

3. When the matters are called out, learned advocate Mr.

Paresh A. Patel for the petitioner in respective petitions has

submitted that the trial is already commenced in the

respective suits and it is at the stage of recording of

evidence of defendant/s.

4.1 Considering the fact that both Courts have found

concurrently in favour of present respondent and since there

is concurrent findings of fact, the Court is not inclined to

interfere in the findings of the learned Court below, as

otherwise also, there is no infirmity or impropriety

committed by the learned Court below in the impugned order

in the respective petitions and more particularly, in view of

the judgment of the Apex Court in the case of Garment

Craft versus Prakash Chand Goel reported in (2022) 4 SCC

181, in which the Hon'ble Apex Court has stated that

C/SCA/12410/2018 ORDER DATED: 04/05/2023

supervisory jurisdiction of High Court when to be exercised,

more particularly, paragraph 15 to 17, and therefore, this

Court is not inclined to interfere in the impugned orders in

respective petitions.

4.2 However, since the suit proceedings are already right

for hearing and proceeded further, it is appropriate to direct

the learned Trial Court concerned in all the captioned

petitions to expedite the suit proceedings as expeditiously as

possible, preferable on or before 31.12.2023 and decide such

suit proceedings in all the respective petitions after giving

proper opportunities to the parties, and the same shall be

decided in accordance with law.

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

proceedings without taking unnecessary adjournments.

6. The present group of petitions are disposed of

accordingly.

Notice stands discharged.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA