Dahyabhai Jinabhai Badharbhai Bariya ... vs Bhikhiben D/O Shanabhai Somabhai ...
2025 Latest Caselaw 5963 Guj

Gujarat High Court

Dahyabhai Jinabhai Badharbhai Bariya ... vs Bhikhiben D/O Shanabhai Somabhai ... on 22 April, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                           NEUTRAL CITATION




                               C/FA/4620/2019                               ORDER DATED: 22/04/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                  R/FIRST APPEAL NO. 4620 of 2019

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                             DAHYABHAI JINABHAI BADHARBHAI BARIYA SINCE DECD THRU LH
                               UDESINH SHANABHAI BARIYA SINCE DECD THRU LH & ORS.
                                                      Versus
                                 BHIKHIBEN D/O SHANABHAI SOMABHAI BARIYA & ORS.
                        ==========================================================
                        Appearance:
                        MR JAYESH M PATEL(617) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
                        CHETANKUMAR V DARJI(9309) for the Defendant(s) No. 7,8
                        GHANSHYAM H UPADHYAY(9606) for the Defendant(s) No. 9
                        MR MAHESH K POOJARA(5879) for the Defendant(s) No. 4,5
                        NOTICE SERVED for the Defendant(s) No. 1,2,3.1,3.2,3.3,3.4,3.5,6
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                          CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                and
                                HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                                 Date : 22/04/2025
                                                   ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

Mr Chetankumar V. Darji, learned advocate for the respondent nos.7 and 8 submitted that the captioned First Appeal, would not survive in view of the subsequent development which has taken place. It is submitted that the challenge in the captioned First Appeal, is the judgment dated 18.07.2019 passed by the learned Principal Senior Civil Judge, Halol below Exh.25.

2. It is submitted that an application Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') was filed, which was accepted and the plaint, has been rejected, invoking the provisions of Order II Rule 2 of the Code inasmuch as, in past, the plaintiff filed another suit with similar prayers. It is submitted that challenge in the suit, is three sale deeds (i) dated

NEUTRAL CITATION

C/FA/4620/2019 ORDER DATED: 22/04/2025

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16.11.2015, (ii) dated 05.02.2016, and (iii) dated 04.06.2016. Similar such challenge was also raised in Regular Civil Suit no.43 of 2012. The said suit, has now been decided finally by judgment dated 15.10.2024, on merits. It is submitted that in view of judgment dated 15.10.2024 passed in Regular Civil Suit no.43 of 2012, the captioned First Appeal, would not survive.

3. Apropos the order dated 18.03.2025, today, Mr Jayesh M. Patel, learned advocate for the appellant states that despite several attempts being put, no instructions are received. It is urged that appropriate order be passed.

4. In view of want of instructions, the First Appeal, is dismissed for want of non-prosecution. No order as to costs.

5. Record & proceedings, if any received, be sent back forthwith.

(SANGEETA K. VISHEN,J)

(NIRAL R. MEHTA,J) BINOY B PILLAI