Mukeshkumar Rameshbhai Chaudhari vs Mandan Padma Devda
2025 Latest Caselaw 1810 Guj

Gujarat High Court

Mukeshkumar Rameshbhai Chaudhari vs Mandan Padma Devda on 4 August, 2025

                                                                                                          NEUTRAL CITATION




                           C/SCA/10686/2025                                 ORDER DATED: 04/08/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/SPECIAL CIVIL APPLICATION NO. 10686 of 2025

                                                       With
                                   R/SPECIAL CIVIL APPLICATION NO. 10358 of 2025
                     ==========================================================
                                       MUKESHKUMAR RAMESHBHAI CHAUDHARI
                                                               Versus
                                                   MANDAN PADMA DEVDA
                     ==========================================================
                     Appearance:
                     MR. MALAV M MULANI(8844) for the Petitioner(s) No. 1
                     ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                        Date : 04/08/2025

                                                    COMMON ORAL ORDER

1. Heard learned Advocate Mr. Malav M. Mulani for the

petitioner.

2. At the outset, learned Advocate Mr. Mulani submitted that

the impugned application and execution application came to

be rejected/dismissed only on the ground that the petitioner

herein having not obtained probate from the competent court

in pursuance to the execution of Will by the original

plaintiff/applicant in favour of the petitioner.

3. Learned Advocate Mr. Mulani would further submit that the

execution application could not have been rejected as abated

in view of the Order 22, Rule 12 of the Code of Civil

Procedure, 1908. Nonetheless, under the instructions of his

NEUTRAL CITATION

C/SCA/10686/2025 ORDER DATED: 04/08/2025

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client, at this stage, learned Advocate Mr. Mulani does not

press the present writ applications with a view to file an

appropriate probate application. On getting an appropriate

probate in favour of the petitioner, seeks further liberty to

file an appropriate execution application against the

respondent/judgment debtor.

4. Permission as sought for is hereby granted. It is always open

for the petitioner to file an appropriate execution application

against the judgment debtor, once he secures probate from

the competent court in pursuance to the Will executed by the

decree holder in favour of the petitioner. Such an event, if an

execution application is filed by petitioner herein, the same

shall be decided by the Trial Court in accordance with law.

5. It is made clear that this Court has neither gone into nor

examined the merits of the matter.

6. With the aforesaid observations and reserving liberty in

favour of the petitioner, the present writ applications are

disposed of as withdrawn. No order as to costs.

(MAULIK J.SHELAT,J) Nilesh