Neetaben Dinesh Patel vs Dineshbhai Dahyabhai Patel
2024 Latest Caselaw 1121 Guj

Gujarat High Court

Neetaben Dinesh Patel vs Dineshbhai Dahyabhai Patel on 8 February, 2024

                                                                                NEUTRAL CITATION




     C/SCA/24956/2022                             ORDER DATED: 08/02/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 24956 of 2022

                               With
 CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2023
         In R/SPECIAL CIVIL APPLICATION NO. 24956 of 2022
                               With
         CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2023
         In R/SPECIAL CIVIL APPLICATION NO. 24956 of 2022
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                           NEETABEN DINESH PATEL
                                   Versus
                        DINESHBHAI DAHYABHAI PATEL
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Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1
MR. JAIMIN R DAVE(7022) for the Respondent(s) No. 1
MR. TIRTHRAJ PANDYA(6685) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                              Date : 08/02/2024

                               ORAL ORDER

1. Heard learned advocate Mr. Jaimin R. Dave for respondent.

2. Learned advocate for respondent has placed on record

additional affidavit dated 06.02.2023 on behalf of respondent, which

is taken on record.

3. Learned advocate for respondent has pointed out from the

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C/SCA/24956/2022 ORDER DATED: 08/02/2024

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affidavit and the documents produced in support of the additional

affidavit that by virtue of the order dated 15.05.2023 passed by the

Hon'ble Apex Court in Special Leave Petition (Civil) Diary No.7370

of 2019, the learned Family Court was directed to proceed and to

decide the suit on merits as expeditiously as possible. Thereafter, the

present petitioner preferred an application on 17.07.2023 for

direction, wherein the Hon'ble Apex Court vide order dated

14.08.2023 disposed of the application by observing that since the

matter was reserved for judgment and is at the fag end, the learned

Family Court was directed to dispose of the matter as expeditiously

as possible but not later than four months from the date on which a

copy of the order is furnished to the learned Family Court. Pursuant

to that order, judgment and decree dated 22.09.2023 was passed in

Family Suit No.862 of 2007 and it is further submitted that since the

present petition is arising out of the Family Suit No.862 of 2007 and

when the main suit is disposed of by the learned Family Court, this

petition does not survive.

4. Having considered the submissions and considering the order

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C/SCA/24956/2022 ORDER DATED: 08/02/2024

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passed by the Hon'ble Apex Court, the learned Family Court,

Ahmedabad has disposed of the Family Suit No.862 of 2007 by

passing a judgment and decree dated 22.09.2023.

5. In view of above fact, the present petition does not survive.

Hence, it is disposed of. Notice is discharged. Interim relief, if any,

stands vacated forthwith.

6. In view of disposed of the main matter, connected Civil

Applications will no longer survive. Accordingly it stands disposed

of.

(D. M. DESAI,J) Vikramsinh Amarsinh