Gujarat High Court
Bakulbhai Bachubhai Patel vs Mauli Bharatbhai Patel on 14 February, 2024
NEUTRAL CITATION
C/SA/95/2024 ORDER DATED: 14/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 95 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/SECOND APPEAL NO. 95 of 2024
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BAKULBHAI BACHUBHAI PATEL
Versus
MAULI BHARATBHAI PATEL
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Appearance:
MR ANSHIN DESAI, SENIOR ADVOCATE with
MR PARTH CONTRACTOR(7150) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MR DHAVAL DAVE, SENIOR ADVOCATE with
MR DEV D PATEL(8264) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 14/02/2024
ORAL ORDER
1. This appeal arises from the impugned judgment
and decree dated 22.01.2024 passed by the learned 7
th
Additional District Judge, Ahmedabad (Rural) in Regular Civil
Appeal No.28 of 2019, whereby the learned appellate Court
below has allowed the said appeal filed by the original
defendants - present respondents, by quashing and setting
aside the judgment and decree dated 18.03.2019 passed by
the learned 4
th
Additional Civil Judge, Ahmedabad (Rural) in
Regular Civil Suit No.47 of 2014, which was filed by the
plaintiff - present appellant.
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C/SA/95/2024 ORDER DATED: 14/02/2024
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2. Heard learned senior advocate Mr.Anshin Desaid
with learned advocate Mr.Parth Contractor for the appellant
and learned senior advocate Mr.Dhaval Dave with learned
advocate Mr. Dev Patel for the respondents.
3. After hearing the matter to some extent, learned
senior advocate Mr.Anshin Desai has drawn the attention of
this Court that the learned appellate Court below has not
properly framed and decided the points, as required under
the law. He has relied upon the decisions of the Hon'ble
Apex Court in the case of :- (i) Manula and others versus
shyamsundar and others reported in (2022) 3 SCC 90 and (ii)
Somakka (dead) by Lrs., versus K.P. Basavaraj (dead) by
Lrs., reported in (2022) 8 SCC 261, more particularly paras
24, 26 and 27 thereof.
4. Mr.Dhaval Dave, learned senior advocate has
submitted that the learned appellate Court below has broadly
dealt with the points and substantially compliance of law is
there.
5. Keeping in mind the observations made in the
decisions of the Hon'ble Apex Court, without entering into
the merits of the matter as well as without entering into the
propriety, legality and validity of the findings given by the
NEUTRAL CITATION
C/SA/95/2024 ORDER DATED: 14/02/2024
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learned appellate Court below, prima facie, it transpires that
the learned appellate Court below has failed in discharging
its duty to frame the proper issues for determination under
Order XLI Rule 31 of the Code of Civil Procedure, 1908, as
required, after re-appreciating the evidence.
6. At this stage, learned advocates for the respective
parties have arrived at the consensus for remanding the
matter back to the learned appellate Court for fresh
consideration.
7.1 Considering the totality of the facts and
circumstances of the case and also considering the consensus
arrived at between the parties, the concerned learned
appellate Court below is directed to re-hear the appeal
afresh, after giving proper opportunities to the parties and
after framing the proper points for determination and give
proper findings on such points as required under the
provisions of Order XLI Rule 31 of the Code of Civil
Procedure, 1908, as expeditiously as possible, but preferably
on or before 15.06.2024.
7.2 The impugned judgment and decree dated
22.01.2024 passed by the learned 7
th
Additional District
Judge, Ahmedabad (Rural) in Regular Civil Appeal No.28 of
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C/SA/95/2024 ORDER DATED: 14/02/2024
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2019 is hereby quashed and set aside, with above direction.
7.3 Needless to say that till the final outcome of the
appeal, whichever status-quo was operating during the
proceeding, shall continue.
8. It is clarified that this Court has not expressed
any opinion on merits.
9. It is expected that the parties shall cooperate the
proceedings before the learned appellate Court below and will
not ask any unnecessary adjournment.
10. In view of above, civil application would not
survive and is disposed of accordingly.
(SANDEEP N. BHATT,J)
M.H. DAVE
