Patel Mahendrabhai Kantilal vs None
2023 Latest Caselaw 6861 Guj

                                                                                  NEUTRAL CITATION




     C/FA/3685/2023                               ORDER DATED: 15/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3685 of 2023

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                      PATEL MAHENDRABHAI KANTILAL
                                 Versus
                                 NONE
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Appearance:
MR BM MANGUKIYA(437) for the Appellant(s) No. 1
for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 15/09/2023

                               ORAL ORDER

In view of provisions of section 24 of the Gujarat Civil Courts Act, the appeal challenging the judgment passed in CMA No.97 of 2022 passed by the learned 4th Addl. Senior Civil Judge, Gandhinagar in exercise of testamentary jurisdiction is not maintainable before the first appellate Court that is what appears from the judgment of this Court in Second Appeal No.108/2013 between Shankarbhai Punjabhai Patel (Decd) through legal heirs Vs. Pankajbhai Ramabhai Patel and others.

Perusal of such judgment, learned advocate for Mr. Mangjukiya for the appellant seeks permission to withdraw present appeal with a liberty to file fresh appeal before the first appellate Court. Permission granted. The appeal stands disposed of as withdrawn with above liberty.

Needless to say that time consumed in filing this appeal

NEUTRAL CITATION

C/FA/3685/2023 ORDER DATED: 15/09/2023

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would not come in way of the appellant to file first appeal, provided that it will be filed within two weeks from today.

(J. C. DOSHI,J) SHEKHAR P. BARVE