Lhrs Of Decd. Patel Ravjibhai Prabhudas ... vs Savitaben Bhikhabhai Patanvadiya
2024 Latest Caselaw 842 Guj

Gujarat High Court

Lhrs Of Decd. Patel Ravjibhai Prabhudas ... vs Savitaben Bhikhabhai Patanvadiya on 31 January, 2024

                                                                                                      NEUTRAL CITATION




      C/SCA/1526/2024                                                ORDER DATED: 31/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 1526 of 2024

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        LHRS OF DECD. PATEL RAVJIBHAI PRABHUDAS HARIDAS
                             Versus
               SAVITABEN BHIKHABHAI PATANVADIYA
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Appearance:
MR ARSHAD SHAIKH(11761) for the Petitioner(s) No. 1,1.1,1.2
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,1.1,1.2
for the Respondent(s) No. 1,2,3,4,5,5.1,5.2,5.3
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                    Date : 31/01/2024

                                        ORAL ORDER

1. Challenge in this petition is made by the

petitioners - original defendants to the impugned order dated

09.11.2023 passed by the learned 6 th Additional District

Judge, Vadodara below application Exh.5 in Regular Civil

Suit No.254 of 2023, whereby the learned appellate Court

below has rejected the said application Exh.5, seeking stay of

the judgment and decree passed by the learned 18 th

Additional Senior Civil Judge, Vadodara in Regular Civil Suit

No.68 of 2007 allowing in favour of the plaintiffs.

2. Heard learned advocate for the petitioners.

3. Learned advocate Mr.S.P. Majmudar has argued

NEUTRAL CITATION

C/SCA/1526/2024 ORDER DATED: 31/01/2024

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the matter to some extent and as the Court is not inclined

to grant relief as prayed in this petition, he does not press

this petition with a prayer that appeal itself may be directed

to dispose of within reasonable time and interest may be

protected to that extent.

4. This petition is disposed of as not pressed.

5. Considering the directions issued by the learned

trial Court in the judgment and decree dated 29.09.2023 in

Regular Civil Suit no.68 of 2007, the learned appellate Court

below concerned is directed to decide the appeal proceeding

i.e. Regular Civil Appeal No.254 of 2023 as expeditiously as

possible but preferably on or before 31.07.2024, in accordance

with law, independently and without influence of the findings

given in the impugned order, after giving proper opportunity

to the parties.

6. It would be open for the parties to raised all legal

contentions before the learned appellate Court below. Further,

it is expected that the parties shall cooperate the hearing

and will not ask any unnecessary adjournment in the appeal

proceedings.

Direct service is permitted.

(SANDEEP N. BHATT,J) M.H. DAVE