Nitaben Dineshbhai Patel vs Dinesh Dahyabhai Patel
2024 Latest Caselaw 1123 Guj

Gujarat High Court

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

                                                                                 NEUTRAL CITATION




     C/SCA/12479/2019                             ORDER DATED: 08/02/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 12479 of 2019

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                        NITABEN DINESHBHAI PATEL
                                  Versus
                         DINESH DAHYABHAI PATEL
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Appearance:
MR NIRAD D BUCH(4000) for the Petitioner(s) No. 1
MRS. BHAVINI N. BUCH(5403) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                             Date : 08/02/2024

                              ORAL ORDER

1. Learned advocate Mr. Jaimin R. Dave is permitted to file his

appearance on behalf of respondent No.1. Registry is directed to

accept his appearance.

2. At the outset, learned advocate Mr. Jaimin R. Dave has

submitted that the present petition is arising out of Family Suit

No.862 of 2007, wherein learned Family Court, Ahmedabad has

passed judgment and decree on 22.09.2023. Learned advocate for

respondent has also submitted that pursuant to the order passed by

the Hon'ble Apex Court, the said Family Suit was heard and finally

NEUTRAL CITATION

C/SCA/12479/2019 ORDER DATED: 08/02/2024

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decided. Learned advocate has further submitted that since the main

Family Suit No.862 of 2007 is finally decided by passing a judgment

and decree on 22.09.2023, present petition does not survive.

3. After considering above submissions, the present petition does

not survive as Family Suit No.862 of 2007 is already decreed by the

learned Family Court, Ahmedabad. More particularly, the present

petitioner has also filed separate two petitions i.e. Special Civil

Application No.25110 of 2022 and Special Civil Application

No.24956 of 2022 alongwith the present petition and further prayed

that the said two petitions also needs to be disposed of by this Court

today. Accordingly, Both the petitions namely; Special Civil

Application No.25110 of 2022 and Special Civil Application

No.24956 of 2022 stand disposed of.

4. In view of above, the present petition is dismissed as having

become infructuous.

(D. M. DESAI,J) Vikramsinh Amarsinh