Gujarat High Court
Manojbhai G Sajnani vs Bharatbhai R Bhatt on 29 November, 2023
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C/SCA/9906/2016 ORDER DATED: 29/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9906 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 6081 of 2016
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MANOJBHAI G SAJNANI
Versus
BHARATBHAI R BHATT
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Appearance:
MR DHRUV K DAVE(6928) for the Petitioner(s) No. 1
MR JAMSHED KAVINA FOR MR SP MAJMUDAR(3456) for the
Respondent(s) No. 1
ULLASH N GOHIL(8357) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 29/11/2023
ORAL ORDER
1. Heard learned advocates for the respective parties. Perused the
record.
2. By way of this petition, the petitioner has challenged the order
dated 21/03/2016 passed by the 2nd Additional Senior Civil Judge,
Vadodara, in Civil Misc. Application No. 154 of 2014. The learned
trial Court while passing the impugned order, the learned trial Court
has imposed condition of 50% of the principal amount of
NEUTRAL CITATION
C/SCA/9906/2016 ORDER DATED: 29/11/2023
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Rs.20,19,146/-, the said amount was to be deposited within 30 days.
3. On imposing of the said condition, the ex-parte decree passed
in Spl. Summary Suit No.678 of 2008 dated 01/08/2012 is set aside
and the suit was restored.
4. During the course of hearing, upon oral instructions from
respective parties, a consensus was arrived at that since the suit is of
the year 2008 and the parties are litigating since 2008, it is submitted
by the learned advocates for the parties that parties have no objection
if the proceedings of the suit are to be restarted from the date of
order i.e. 21.03.2016, whereby the suit was restored, interest of
justice would be served.
5. In view of the aforesaid submissions, the impugned order
dated 21.03.2016 passed by the 2 nd Additional Senior Civil Judge,
Vadodara, in Civil Misc. Application No. 154 of 2014 is modified to
the extent of imposing of condition of depositing 50% of principal
amount of Rs.20,19,146/- is hereby quashed and set aside. The
remaining order shall remain as it is.
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C/SCA/9906/2016 ORDER DATED: 29/11/2023
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6. The original defendants are permitted to defend Special
Summary Suit No. 678 of 2008.
7. It is directed that the plaintiff is permitted to file Summons for
Judgment affidavit within 15 days from receipt of this order and on
serving of the Summons for Judgment, the defendant shall file Leave
to Defend Affidavit within 10 days from the service of Summons for
Judgment.
8. After completing the aforesaid exercise, the learned trial Court
shall hear and decide the Summons for Judgment as well as Leave to
Defend Affidavit, on merits as early as possible. The parties shall
cooperate for such hearing without asking for any unnecessary
adjournments.
9. This Court has not gone into the merits of the case. All the
contentions of the parties are left open and learned trial Court shall
decide the Summons for Judgment and Leave to Defend purely on
the basis of evidence and in accordance with law.
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C/SCA/9906/2016 ORDER DATED: 29/11/2023
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10. Looking to the above observations, the present petition is
hereby disposed of accordingly.
(D. M. DESAI,J)
B. J. Thaker
