Gujarat High Court
Kavabhai Sakhabhai Jiliya Since Dead ... vs Ramjibhai Prabhubhai Patel on 4 August, 2025
NEUTRAL CITATION
C/CRA/374/2025 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 374 of 2025
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KAVABHAI SAKHABHAI JILIYA SINCE DEAD THROUGH LHS AND LRS &
ORS.
Versus
RAMJIBHAI PRABHUBHAI PATEL
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Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5
MR. D. P. KINARIWALA(410) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 04/08/2025
ORAL ORDER
1. The present Civil Revision Application is filed challenging the
order below Exhibit 14 dated 21.11.2024 whereby the Principal
Civil Court, JMFC, Dholera, District Ahmedabad has rejected the
application filed under Order VII Rule 11 of the Code of Civil
Procedure, 1908 (for short "the Code") in Regular Civil Suit no.14
of 2022.
2. The plaintiff had filed a suit for specific performance of an
agreement dated 19.02.2015 and it is the case of the petitioner that
the defendants had to comply in certain terms and conditions and
that the plaintiff has paid the entire sale consideration and therefore
it can not be said that the plaint is barred by law of limitation.
3. Learned advocate for the defendant has argued that the Trial
Court has not decided the said application on merits and there are no
reasons given by the Trial Court while rejecting the said application,
NEUTRAL CITATION
C/CRA/374/2025 ORDER DATED: 04/08/2025
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and the Trial Court has also not dealt with the judgments referred by
either of the parties.
4. After hearing learned advocates appearing for the respective
parties, both the parties have stated on consent that the present order
be quashed and set aside in view of the fact that the order that has
been passed is without any reasons. In view of the same, the order
passed below Exhibit 14 is hereby quashed and set aside. The Trial
Court to decide Exhibit 14 afresh after giving opportunity to both the
parties to place before the Court their case. The Trial Court shall not
be influenced by any of the observations made in this order in view
of the fact that the present Civil Revision Application is allowed and
the matter is remanded only on the ground that there are no reasons
stated in the order.
5. In view of the same, the Trial Court to decide the said
application Exhibit 14 afresh within a period of six months from the
date of receipt of copy of this order. In view of the fact that the Trial
Court to decide the Exhibit 14 first in point of time, before the Court
decides the entire dispute and the Trial of the matter. Both the parties
shall cooperate and shall not seek unnecessary adjournment in the
matter. In view of the above, the present Civil Revision Application
is accordingly disposed of. Notice is discharged.
(SANJEEV J.THAKER,J)
URIL RANA
