Manojkumar Maganlal vs Maganlal Jagjivandas Since Decd.Thro ...
2025 Latest Caselaw 5738 Guj

Gujarat High Court

Manojkumar Maganlal vs Maganlal Jagjivandas Since Decd.Thro ... on 16 April, 2025

                                                                                                                NEUTRAL CITATION




                              C/SA/75/2001                                     ORDER DATED: 16/04/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/SECOND APPEAL NO. 75 of 2001

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                                          MANOJKUMAR MAGANLAL
                                                  Versus
                           MAGANLAL JAGJIVANDAS SINCE DECD.THRO HIS HEIRS & ORS.
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                      Appearance:
                      MR ZUBIN F BHARDA(159) for the Appellant(s) No. 1
                      MR KASHYAP R JOSHI(2133) for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                           Date : 16/04/2025

                                                             ORAL ORDER

1. The present second appeal has been filed challenging the judgment and decree passed in Regular Civil Appeal No.67 of 1992 whereby the Appellate Court has confirmed the Judgment and Decree passed in Regular Civil Suit No.51 of 1989.

2. Learned advocate for the appellant has produced the judgment that has been passed in Regular Civil Suit No.8 of 2006 (Old Special Suit No.47 of 1994) wherein the dispute pertaining to the parties to the present appeal has been finally decided. Learned advocate for the appellant has stated that the appellant is in process of challenging the said judgment and decree and in view of the fact that the entire dispute which also includes the suit property has been finally decided in Regular Civil Suit No.8 of 2006, the present Second Appeal does not survive.

                                                                                                                 NEUTRAL CITATION




                              C/SA/75/2001                                     ORDER DATED: 16/04/2025

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3. In view of the said fact, learned advocate seeks permission to withdraw the present Second Appeal, the said withdrawal shall not affect the rights of the appellant while challenging the judgment and decree passed in Regular Civil Suit No.8 of 2006 as the present appellant is withdrawing the present second appeal in view of the fact that the judgment and decree is passed in Regular Civil Suit No.8 of 2006.

4. In view of the aforesaid, the the present Second Appeal is disposed of as withdrawn. Interim relief is vacated.

(SANJEEV J.THAKER,J) URIL RANA