Gujarat High Court
Amrutben Madhabhai Savaliya vs Ramjibhai Govindbhai Chovatiya on 30 November, 2023
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C/SCA/5404/2020 ORDER DATED: 30/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5404 of 2020
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AMRUTBEN MADHABHAI SAVALIYA
Versus
RAMJIBHAI GOVINDBHAI CHOVATIYA
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Appearance:
MR HASIT H JOSHI(2480) for the Petitioner(s) No.
1,2,3,4,4.1,4.2,4.3,5,5.1,5.2,5.3
RULE SERVED BY DS for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 30/11/2023
ORAL ORDER
1. Heard learned advocate Mr. Hasit H. Joshi for the
petitioners. Though rule of this Court served upon
the respondents, none appeared.
2. On the request made by learned advocate for the
petitioners, this petition has been taken up for
final hearing.
3. What is sought for in the present petition is for
quashing and setting aside the order passed by
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C/SCA/5404/2020 ORDER DATED: 30/11/2023
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the learned Principal District Judge, Jamnagar
below Exh.5 dated 4.2.2020 in Regular Civil
Appeal No.20 of 2019 and further prayed for the
suspension of execution proceedings namely
Regular Darkhast No.66 of 2016. It is the case of
the present petitioners that a decree for
possession was passed in Regular Civil Suit
No.224 of 2002 on 12.5.2016. The present
petitioners were directed to handover the
possession of the disputed land.
4. Learned advocate for the petitioners has read out
the grounds mentioned in the memo of petition
and submitted that the petitioners are ready and
willing to proceed with the Regular Civil Appeal
No.20 of 2019 and has prayed for the suspension
of the execution proceedings.
5. Having considered the submissions and the
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averments made in the memo of the petition, it
transpires that the respondent - herein is waiting
to enjoy the fruits of judgment and decree which
is passed on 12.5.2016. It is also to be noticed
that after the judgment and decree, after about
three years, the Regular Civil Appeal came to be
preferred being Regular Civil Appeal No.20 of
2019. The learned trial Court has considered
overall factual aspects of the matter and has
found that the conduct of the present petitioners
do not warrant any equitable relief to be granted
in favour of the petitioners and hence on
4.2.2020, the application Exh.5 came to be
rejected.
6. In my opinion, the learned District Judge has not
committed any error while deciding the Exh.5
application. On the contrary, the conduct of the
present petitioner is such that after sitting for
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almost three years, the appeal came to be filed
and that too after the plaintiff filed Regular
Darkhast No.66 of 2016 wherein the application
was tendered in the year 2018 for the issuance of
the warrant under Order 21, Rule 35 of the Code
of Civil Procedure.
7. In the totality of the facts, this Court is of the view
that there is no infirmity or illegality in the order
impugned. Hence, this petition cannot be
entertained and the same is dismissed with no
order as to costs. Rule is discharged.
(D. M. DESAI,J)
VATSAL
