Gabhaji Shanaji Thakor vs Dwarkabhai Gopaldas Patel
2023 Latest Caselaw 7191 Guj

                                                                         NEUTRAL CITATION




     C/MCA/1571/2023                       ORDER DATED: 29/09/2023

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/MISC. CIVIL APPLICATION (FOR RECALL)
                      NO. 1571 of 2023
                              In
              R/FIRST APPEAL NO. 3388 of 2017
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                GABHAJI SHANAJI THAKOR
                           Versus
              DWARKABHAI GOPALDAS PATEL
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Appearance:
VIRAL K SHAH(5210) for the Applicant(s) No. 1
MR AMRISH K PANDYA(3219) for the Opponent(s) No. 2
MR PARESH M DARJI(3700) for the Opponent(s) No. 3
MR PH GOHIL(1878) for the Opponent(s) No. 1
MR VAIBHAV A VYAS(2896) for the Opponent(s) No. 1
MR. NEHAL N SHAH(7096) for the Opponent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
      and
      HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                       Date : 29/09/2023
                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. This application is filed praying for recall of an order dated 03.03.2022 and restoring the First Appeal back to the file, whereby applicant - original appellant, who is judgment debtor, withdrew the appeal unconditionally tendering a signed withdrawal pursis.

2. From the record, it appears that there are other appeals filed, may be by the different parties, which are pending before the Court where present applicant is also a party to those appeals. At the same time, co-defendant, who is also a judgment debtor, has also preferred appeal where the present

NEUTRAL CITATION

C/MCA/1571/2023 ORDER DATED: 29/09/2023

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applicant is a party. Not only that, as recorded in the order below Exhibit-1 in Special Execution Petition No. 19 of 2017, for the very same suit land, there were two other Special Civil Suits filed and there was an order to maintain status-quo granted in those suits. However, neither of the parties, including the present applicant, disclosed it either to the Court which passed the decree or to this Court.

3. Be that as it may, under the guise to restore his appeal, which came to be withdrawn by him by signed withdrawal pursis consciously stating therein that he has entered into an amicable settlement of the dispute and no dispute subsists between them, and therefore, in order to put an end to the litigation, he sought permission to withdraw the appeal, which came to be granted by this Court, he may seek undue advantage of it. Hence, we see no reason to entertain this application, that too, praying for recall of that order of withdrawal.

Hence, this application is rejected. Any connected application/s that may be pending in this proceedings, also stands rejected.

(UMESH A. TRIVEDI, J.)

(ANIRUDDHA P. MAYEE, J.) Raj