Gujarat High Court
Vipul Biharibhai Patel vs The State Of Gujarat on 25 August, 2025
NEUTRAL CITATION
C/SCA/9261/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9261 of 2025
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VIPUL BIHARIBHAI PATEL
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR. HRIDAY BUCH(2372) for the Petitioner(s) No. 1
MR. SHAILESH DESAI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR. KARAN U VYAS(6992) for the Respondent(s) No. 2,3
MS. DHRUMA U VYAS(6850) for the Respondent(s) No. 2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/08/2025
ORAL ORDER
1. Heard learned Advocate Mr. Hriday Buch for petitioner,
learned Assistant Government Pleader Mr. Shailesh Desai for
respondent No.1 and learned Advocate Mr. Karan U. Vyas
with learned Advocate Mr. Uday Vyas for learned Advocate
Ms. Dhruma U. Vyas for the respondent Nos.2 and 3. Though
served, none appears for respondent No.4.
2. The present writ application is filed under Article 227 of the
Constitution of India, seeking the following reliefs:
"A. YOUR LORDSHIPS may be pleased to admit and allow this
Petition;
B. YOUR LORDSHIPS may be pleased to quash and set-aside the
NEUTRAL CITATION
C/SCA/9261/2025 ORDER DATED: 25/08/2025
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Order dated 07.05.2025 passed below Exhibit-5 in Regular Civil
Appeal No. 30/2025 passed by the Ld. 3rd Addl. District Judge,
Ahmedabad (Rural) and further be pleased to allow the application
below Exhibit-5 in Regular Civil Appeal No. 30/2025; (at Annx-A);
C. Pending admission, hearing & final disposal of the present Petition
YOUR LORDSHIPS may be pleased to stay the implementation,
execution & operation of the Judgment and Decree dated 31.12.2024
passed in Regular Civil Suit No. 623/2000; (at Annx-C)
D. Pending admission, hearing & final disposal YOUR LORDSHIPS
may be pleased to direct the parties to maintain status quo prevailing
as on date in respect to the suit property;
E. Such other and further reliefs that this Hon'ble Court may deem fit
and proper in the interest of justice."
3. At the outset, learned Advocates appearing for the respective
parties are ad idem that this Court costs the order passed by
Appellate Court concerned and remands the matter back to
the Appellate Court, they may be allowed to pursue the
injunction application so filed and/or the hearing of the
appeal itself by the Appellate Court.
4. There is no cavil that order impugned passed by the
Appellate Court is a non-speaking order has already observed
by this Court vide its order dated 10th July, 2025. So, this
Court is also of the view that impugned order requires to be
quashed and set-aside. The matter is required to be
remanded back to the Appellate Court.
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C/SCA/9261/2025 ORDER DATED: 25/08/2025
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5. As it is informed to this Court that Appellate Court is in a
position to hear the appeal itself, it is always open for the
parties to appeal to request the Appellate Court to early
hearing of the appeal itself, but in a given case, if the
Appellate Court finds difficult to hear and decide the appeal
within stipulated time, the appellant of the appeal would also
at liberty to request the Appellate Court to hear afresh his
injunction application so filed below Exhibit 5 and/or any
other injunction application so filed therein. All such requests
shall be made before the Appellate Court concerned and the
same shall be decided by Appellate Court as per its
convenience.
6. Nonetheless, as this Court is of the opinion that impugned
order is non-speaking one and matter is remanded back to
the Appellate Court, it is open for the Appellate Court to
finally decide the injunction application a fresh without being
influenced by any of the observation made by this Court
and/or to heard the appeal on its merits.
7. It goes without saying that the parties to the appeal shall
have to extend their cooperation and support to the Appellate
Court for early hearing of the appeal/injunction application.
8. It is further made clear that this Court has neither gone into
nor examined the merits of the matter, but in light of the fact
NEUTRAL CITATION
C/SCA/9261/2025 ORDER DATED: 25/08/2025
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that the order impugned is non-speaking one, it is interfered
with by this Court.
9. In view of the aforesaid, the impugned order dated 07th May,
2025 passed by the 3rd Additional District Judge, Ahmedabad
(Rural) below Exhibit 5 in Regular Civil Appeal No. 30 of
2025 is hereby quashed and set aside and the matter is
remanded back to the Appellate Court.
10. In view of the above, the present writ application stands
dispose of accordingly.
(MAULIK J.SHELAT,J)
Nilesh
