Bharatbhai Keshabhai Dabhi (Thakore) vs Daxaben Bhikhaji Thakor
2024 Latest Caselaw 8632 Guj

Gujarat High Court

Bharatbhai Keshabhai Dabhi (Thakore) vs Daxaben Bhikhaji Thakor on 11 September, 2024

                                                                                                                       NEUTRAL CITATION




                               C/SCA/12131/2024                                          ORDER DATED: 11/09/2024

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 12131 of 2024

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                                            BHARATBHAI KESHABHAI DABHI (THAKORE)
                                                           Versus
                                               DAXABEN BHIKHAJI THAKOR & ORS.
                        ==========================================================
                        Appearance:
                        B P PATEL(7510) for the Petitioner(s) No. 1
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                           CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                               Date : 11/09/2024

                                                                   ORAL ORDER

Heard learned advocate Mr.B.P Patel.

It is submitted that petitioner has filed RCS No. 199 of

2021 and insisted that application be heard first or it is to

be heard along with application under Order 7 Rule 11 of

the CPC. The learned trial Court after referring to the judgment of the Hon'ble Apex Court in case of R.K. Roza Vs.

U.S. Raydu rendered in SLP (C) No.15474 of 2016, rejected

the contention of the petitioner and therefore, present

petition.

Having heard learned advocate for the petitioner, I see

no reason to interfere with the impugned order when it is

settled by the Hon'ble Apex Court that application under

Order 7 Rule 11 of the CPC is to be heard first. What could

be noticed that the learned trial Court has not decided the

NEUTRAL CITATION

C/SCA/12131/2024 ORDER DATED: 11/09/2024

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application of transposition and therefore, at present, no order

unfavouring the petitioner is in existence. The learned trial

Court has to decide application under Order 7 Rule 11 of the

CPC first as early as possible. According to this Court, there

is no reason to file even present petition. The petition fails

and stands dismissed, in limine.

(J. C. DOSHI,J) Radhika