Gujarat High Court
Hemendrakumar Narendrabhai Patel vs Jigneshkumar Bhikhabhai Patel on 4 August, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/FA/6016/2019 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 6016 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 6016 of 2019
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HEMENDRAKUMAR NARENDRABHAI PATEL
Versus
JIGNESHKUMAR BHIKHABHAI PATEL & ANR.
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Appellant(s) No. 1
MR HARSHADRAY A DAVE(3461) for the Defendant(s) No. 2
MR. KALRAV R PATEL(7041) for the Defendant(s) No. 1
P K NAYAK(7847) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 04/08/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. The captioned appeal has been filed against the
impugned judgment dated 01.07.2019 passed by the learned
3rd Additional Senior Civil Judge, Civil Court, Anand in Special
Civil Suit No.49 of 2018 on the ground that it has no
jurisdiction in view of the provisions of Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (herein after referred to as "Act of
2002").
2. Mr.Prabhakar Upadhyay, learned advocate for the
appellant, submitted that the agreement to sell was executed
NEUTRAL CITATION
C/FA/6016/2019 ORDER DATED: 04/08/2025
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in the Year-2015, however, thereafter, it appears that the
proceedings under the Act of 2002 were initiated. Section 13
proceedings were initiated in the Year-2016 followed by
Section 14 proceedings in the Year-2016 and subsequently,
the notice for possession was issued in the Year-2020. The
defendant no.1 has also approached the Debt Recovery
Tribunal.
3. On the other hand, Mr.Harshadray Dave, learned
advocate for the defendant no.2, submitted that pursuant to
the proceedings under the Act of 2002, the property has been
auctioned by issuance of share certificate under the provisions
of Rule 9(6) of the Security Interest (Enforcement) Rules,
2002. The sale deed has evidently been executed pursuant to
the order passed by the learned Tribunal. Therefore, the
prayer of the appellant seeking specific performance, would
not survive. Even otherwise, the Special Civil Suit No.38 of
2024 has been preferred before the Court below seeking
recovery of the amount. As the property has already been
disposed of, no purpose would be served by pursuing the
captioned appeal. However, liberty may be reserved to pursue
Special Civil Suit No.38 of 2024.
4. Mr.Prabhakar Upadhyay, learned advocate, in view of
subsequent development and the fact that the suit seeking
recovery is already pending, does not press the captioned
appeal.
5. In view of the above and acceding to the request of
learned advocate for the appellant, the captioned appeal
NEUTRAL CITATION
C/FA/6016/2019 ORDER DATED: 04/08/2025
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stands disposed of, as withdrawn with a liberty to pursue the
Special Civil Suit No.38 of 2024.
6. In view of the order passed in main appeal, connected
Civil Application No.1 of 2019 does not survive and stands
disposed of, accordingly. No order as to costs.
(SANGEETA K. VISHEN,J)
(MOOL CHAND TYAGI, J)
GIRISH
