Yoginiben Rasiklal Raval vs Manishaben Nileshbhai Raval
2025 Latest Caselaw 2373 Guj

Gujarat High Court

Yoginiben Rasiklal Raval vs Manishaben Nileshbhai Raval on 7 August, 2025

                                                                                                                NEUTRAL CITATION




                              C/FA/387/2011                                    ORDER DATED: 07/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 387 of 2011

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                                           YOGINIBEN RASIKLAL RAVAL & ANR.
                                                        Versus
                                          MANISHABEN NILESHBHAI RAVAL & ORS.
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                      Appearance:
                      MR ASHOK N PARMAR(2431) for the Appellant(s) No. 1,2
                      MRS NISHA M PARIKH(2397) for the Defendant(s) No. 1
                      RULE SERVED for the Defendant(s) No. 1,2,3
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                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                           Date : 07/08/2025

                                                               ORAL ORDER

1. Present appeal is filed by the appellants - original defendants under Section 276 of the Indian Succession Act, 1925 challenging the judgment and decree dated 14.07.2008 passed by the learned Principal Civil Judge at Botad in Criminal Misc. Application No.33 of 2008 and the judgment and order dated 29.12.2009 passed by the learned District Judge at Bhavnagar in Civil Appeal No.86 of 2008, whereby the appeal filed by the appellants under Section 384 of the Hindu Successions Act came to be rejected.

2. It has been submitted by the learned advocate Mr. Ashok Parmar for the appellant that during the pendency of the present appeal, the jurisdiction has been transferred to concerned District Court, Bhavnagar instead of this Court as the amount involved is Rs.5,50,000/- and therefore, learned advocate Mr. Parmar has urged that the present appeal be transferred to the concerned district court.

                                                                                                                    NEUTRAL CITATION




                              C/FA/387/2011                                       ORDER DATED: 07/08/2025

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3. In view of above, the present appeal is ordered to be remitted back to the concerned District Court, Bhavnagar for hearing. The court concerned shall hear the matter on merits as the appeal is of the year 2011 i.e. almost 14 years have been passed. The learned Judge is requested to decide the appeal as expeditiously as possible.

4. Registry is directed to remit the matter back to the concerned court immediately for its speedy disposal. Record & Proceedings, if received, be sent back to the concerned Court forthwith.

(HEMANT M. PRACHCHHAK,J)

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