Gujarat High Court
Gopiji Vallaji Vanjara vs Lh Of Dayabhai Narayandas Patel , ... on 17 April, 2025
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5143 of 2024
==========================================================
GOPIJI VALLAJI VANJARA
Versus
LH OF DAYABHAI NARAYANDAS PATEL , MANJULABEN D PATEL
==========================================================
Appearance:
MRS NISHA M PARIKH(2397) for the Petitioner(s) No. 1
DILIPKUMAR U PRAJAPATI(8344) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 17/04/2025
ORAL ORDER
1. Heard learned advocate Ms.Nisha M. Parikh appearing for
the petitioner and Mr.Dilipkumar U. Prajapati for the
respondent.
2. The present writ application is filed under Article 227 of
the Constitution of India seeking following reliefs:-
(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or any other appropriate writ order or direction on
Respondents to quash and set aside the order dated 29/08/2023
passed by Ld. City Civil Court. vide Ex.46 application for
Review/Recall the Civil Suit (CCC) 1896 of 2013 and grant the
further extension of time as per the order dated 20/04/2023
passed by (CORAM: HONOURABLE MR. JUSTICE NIKHIL S.
KARIEL) in FIRST APPEAL NO. 1061 OF 2015 in the interest of
justice. Annexure-'A' and 'G'.
(B) Your Lordship may be pleased to direct the Ld. City Civil
Court to consider the application to Review/recall of the Civil
Suit (CCC) No. 1896 of 2013in the interest of justice. Annexure
A.
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
undefined
(C) YOUR LORDSHIPS be pleased to grant such other and
further reliefs as are deemed fit and proper by this Hon'ble
Court, in the interest of justice;
3. Before adverting to the issue germane in the application,
I would like to observe that the Civil Suit (CCC) No. 1896 of
2013 filed by the present petitioner against the predecessor of
respondent herein came to be allowed on 25th November,
2022. Such judgment and decree came to be challenged by the
respondent herein before this Court by preferring First Appeal
No.1452 of 2023, which came to be partly allowed and
consensus between the parties has been recorded by this
Court in its judgment order dated 20th April, 2023. The
relevant observation made in para 5 in the aforesaid decision
reads as under:-
5. Considering the broad consensus between the parties,
without entering into the merits, the following order is
passed:-
(i) The impugned judgment and order dated 25.11.2022
passed by learned City Civil and Sessions Court,
Ahmedabad in Civil Suit (CCC) No. 1896 of 2013 is
hereby quashed and set aside. (ii) The matter is remanded
back to the learned City Civil Court for afresh decision
after the application of the present appellant for being
joined as a party defendant is considered and decided.
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
undefined
(iii) In this regard, statement of learned advocate Ms.
Parikh is recorded that such an application shall be made
by the present defendent within a period of two weeks
from the date of receipt of this order and upon such
application being received, the same shall be decided
within a period of four weeks from the date of filing.
(iv) After appropriate decision is taken on the said
application, if required, the learned City Civil Court shall
decide the Civil Suit on merits.
(v) It is further clarified that the matter is remanded back
only for the purpose of passing the judgment afresh after
giving appropriate opportunity to the defendant, and
whereas, the present directions shall not be read to mean
that the trial has to be conducted denovo.
(vi) It is further clarified at this stage, more particularly,
at the request of learned advocate Ms. Parikh that the
stage of the defendant leading evidence had been closed
and his right has been struck off and whereas if any
application is preferred by the legal heir of the original
defendant for reopening the same, the same shall be
decided by the learned City Civil Court on its own merits
and whereas, this Court has not observed anything as
regards the same.
(vii) The learned City Civil Court shall decide the suit as
expeditiously as possible, but, not later than 31.12.2023.
4. In view of the aforesaid, the matter was remanded back
to the Trial Court, meaning thereby, the said suit filed by the
petitioner restored back to its file. The parties to the
proceeding, more particularly, plaintiff was required to file
necessary application to bring on record the legal heirs of
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
undefined
defendant who is respondent herein. Neither plaintiff nor the
respondent herein, who was also appellant of the said appeal
have preferred such application before the Trial Court. It
further appears that inadvertently, the petitioner has filed
impugned application below Exh.46 whereby he has requested
the trial Court to recall/ revive of Civil Suit (CCC) No. 1896
of 2013, such application with such prayer was uncalled for
when this Court in the aforesaid judgment has already
remanded the matter back to the Trial Court for its fresh
adjudication subject to joining legal heirs of defendant.
5. Nonetheless, the Trial Court appears to have rejected
impugned application vide its order dated 29 th August, 2023,
which is impugned in the present writ application.
6. Learned advocate Ms.Parikh would submit that due to
inadvertence on the part of the petitioner, instead of filing an
application to bring legal heirs of defendant on record, the
impugned application with wrong prayer has been filed.
7. Per contra, learned advocate Mr.Prajapati appearing for
the respondent, who happens to be sole legal heirs of
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
undefined
defendant, states that if plaintiff files an appropriate
application to bring legal heirs on record of the suit, she has
no objection for the same.
8. Thus, in view of the aforesaid judgment and the order
passed by this court on 20.04.2023 in First Appeal no. 1452 of
2023, there was no reason for the petitioner to file impugned
application for reviving the suit filed by him as it is already
remanded back to the Trial Court by this Court.
9. Nonetheless, it is open for the petitioner - original
plaintiff to file necessary application to bring legal heirs of
deceased - defendant on record i.e., respondent herein.
10 If such an application will be filed by the plaintiff herein,
the Trial Court is hereby requested to consider the same
sympathetically and as such, respondent i.e., legal heirs of
defendant through her learned advocate Mr. Prajapati declares
before this Court that such an application will not be objected
by the respondent herein. So, in that circumstances, if such an
application will be filed, the Trial court is hereby requested to
allow the same in accordance with law.
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
undefined
11. Once such exercise will be undertaken by the Trial Court,
it would be open for the parties to request the Trial Court to
decide the suit between the parties by the Trial Court in
accordance with law.
12. With the aforesaid observations and discussions, this
present writ application is disposed of. No order as to costs.
Notice discharged.
(MAULIK J.SHELAT,J)
MOHD MONIS
