Gujarat High Court
Bashiben Wd/O Sindha Ranchhodbhai vs Becharbhai Bavabhai Sindha on 16 April, 2025
NEUTRAL CITATION
C/SCA/11691/2023 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11691 of 2023
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BASHIBEN WD/O SINDHA RANCHHODBHAI & ANR.
Versus
BECHARBHAI BAVABHAI SINDHA & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1,2
MR MA PAREKH(1088) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/04/2025
ORAL ORDER
Heard learned advocate MR. Tejas P. Satta for the
petitioners and learned advocate Mr. M. A. Parekh for the
respondent No.1.
At the outset, learned advocate Mr. Parekh would submit
that during the pendency of present writ application, main
Execution Application No. 68 of 2011 has already been
adjudicated and disposed of by the executing Court vide its
judgment and order dated 22 nd July 2024. He would further
submit that the necessary further affidavit in that regard is
filed by respondent No.1 on 14.08.2024 by placing copy of the
aforesaid order by the executing Court. Such affidavit is taken
on record.
Per contra, learned advocate Mr. Satta would also
confirm the aforesaid fact. Further, learned advocate Mr.Satta
NEUTRAL CITATION
C/SCA/11691/2023 ORDER DATED: 16/04/2025
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would submit that the present writ application is filed against
the order passed by the trial court whereby it has rejected the
objections of the petitioners - judgment debtor. So, in that
view of the matter, learned advocate Mr. Sattta would submit
that though his writ application became infructuous by efflux
of time but petitioner may be given liberty to challenge the
order dated 22nd July 2024, in accordance with law thereby,
petitioners can substantiate his case by raising all the
contentions, so raised in the present writ application.
It appears from the record that during the pendency of
the present writ application, main Execution Application No.68
of 2011 is already adjudicated and disposed of by the
executing Court on 22nd July 2024. As such, in view of the
aforesaid facts nothing survives in the matter. Nonetheless, it is
open for the petitioners to challenge the aforesaid final order
passed by the executing Court before the appropriate Court in
accordance with law reserving liberty in favour of the
petitioners to raise all the contentions so raised in the present
petition in such proceedings.
It is made clear that this Court has neither gone into nor
examined the merits of the matter.
Thus, in view of the aforesaid, present writ application is
disposed of as infructuous. Notice is discharged. There shall be
no order as to costs.
(MAULIK J.SHELAT,J)
DRASHTI K. SHUKLA
