Gujarat High Court
Lr Lh Of Decd. Ramabhai Jethabhai Patel vs Dahyabhai Lalabhai Patel on 11 August, 2025
NEUTRAL CITATION
C/SCA/10895/2025 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10895 of 2025
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LR LH OF DECD. RAMABHAI JETHABHAI PATEL
Versus
DAHYABHAI LALABHAI PATEL
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Appearance:
MR VIJAL P DESAI(5505) for the Petitioner(s) No. 1
MS ISHITA V DESAI(5975) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 11/08/2025
ORAL ORDER
1. Heard learned advocate Mr. Vijal P. Desai for the
petitioner.
2. This Court had, on 07.08.2025 passed the following
order :-
"1. Heard learned advocate Mr.Vijal P. Desai for the petitioner.
2. At the outset, learned advocate Mr.Desai states that though the
petitioner has unconditionally withdrawn his suit by submitting
withdrawal purshish on 14.12.2024, which was presented on
08.03.2025 and accordingly, the suit came to be withdrawn in Lok
Adalat vide order dated 08.03.2025.
2.1. Learned advocate Mr.Desai would further submit that
irrespective of rigors of Order 23 Rule 1 of the Civil Procedure Code,
1908 (hereinafter referred to as "CPC"), the Court has inherent power
to recall such order but as the order is passed in Lok Adalat, there is
not other efficacious remedy available to the petitioner but to file the
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C/SCA/10895/2025 ORDER DATED: 11/08/2025
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present writ application.
2.2. Learned advocate Mr.Desai would place reliance upon the
decision of Hon'ble Supreme Court in the case of Jet Ply Wood
Private Limited vs. Madhukar Nowlakha reported in 2006 (3) SCC 699
and one unreported judgment passed by Punjab and Haryana High
Court on 27.01.2015 in a case ofKuldeep Singh vs. Virender Singh in
CR- 6162 of 2009.
3. Prima facie, this Court is not agreeable with the submissions
made by learned advocate Mr.Desai inasmuch as there is no caveat
made in the withdrawal purshish though signed by the petitioner on
14.12.2024 having presented on 08.03.2025.
4. The Trial court in its order impugned in the present writ
application dated 08.03.2025 clearly recorded that withdrawal
purshish submitted by plaintiff and his lawyer is gone through and
wherein further recorded that plaintiff wants to unconditionally
withdraw the suit. Accordingly, the same was withdrawn in the Lok
Adalat.
5. Now, the plaintiff took a somersault by coming with appeal that
under false assurance given by the respondents to pay the amount,
which was due and payable as claimed in the suit, after withdrawal of
the suit, respondents turned back from his promise, which, according
to plaintiff, would be a ground to recall the impugned order passed by
the Trial Court, thereby, his suit can be restored back on its original
file.
6. As observed herein and prima facie, this Court is not agreeable
with the submissions and the averments made by the plaintiff in
support of his case.
7. Nonetheless, at the request of learned advocate Mr.Desai to
make more research regarding the issue germane in the present writ
application. As a last chance, stand over to 11.08.2025. The matter be
listed on top of the board."
3. Today, when the matter was taken up for hearing,
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C/SCA/10895/2025 ORDER DATED: 11/08/2025
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learned advocate Mr. Desai, under the instruction of his
client, does not press the present writ application with a
liberty to approach the trial Court by filing an appropriate
application seeking appropriate relief in connection with the
order dated 08.03.2025 passed by the Additional Senior Civil
Judge, Bayad below Exh.1 in Special Civil Suit No. 6 of 2024.
4. Permission as sought for, is granted. It is open for the
petitioner to file an appropriate application seeking
appropriate relief in connection with the order dated
08.03.2025 passed by the Additional Senior Civil Judge,
Bayad below Exh.1 in Special Civil Suit No. 6 of 2024 before
the trial Court concerned. Once such an application will be
filed by the petitioner, the trial Court is hereby requested to
decide it in accordance with law, after giving an opportunity
of hearing to all the parties concerned.
5. With the aforesaid liberty reserved in favour of the
petitioner, the present writ application is disposed of as
withdrawn. No order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J)
SALIM/
