Gujarat High Court
Pritiben Sanjaybhai Sheth vs Harshadbhai Chunilal Shah on 25 August, 2025
NEUTRAL CITATION
C/SCA/11839/2025 ORDER DATED: 25/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11839 of 2025
==========================================================
PRITIBEN SANJAYBHAI SHETH
Versus
HARSHADBHAI CHUNILAL SHAH & ORS.
==========================================================
Appearance:
MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1
MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/08/2025
ORAL ORDER
1. Heard learned advocate Mr.Hemang H. Parikh for the
petitioner.
2. At the outset, learned advocate Mr.Parikh would submit
that the petitioner has already challenged the judgment and
decree passed by the Trial Court before the Appellate Court,
albeit, with delay application, which is going to be decided in
new future but till then execution proceeding should not be
proceeded further, otherwise, right to file appeal would get
frustrated.
2.1. Learned advocate Mr.Parikh would rely upon different
provisions of the Civil Procedure Code, 1908 (hereinafter
referred to as "CPC"), more particularly, Order 41 Rule 6 of
NEUTRAL CITATION
C/SCA/11839/2025 ORDER DATED: 25/08/2025
undefined
CPC, thereby, the Court concerned can stay the decree on
satisfying that the petitioner / Judgment Debtor is ready to
provide security to the satisfaction of the Court.
2.2. Learned advocate Mr.Parikh would further submit that
petitioner undertakes to this Court and to the Trial Court
concerned that until preliminary hearing of injunction
application, so filed in the appeal, the petitioner would not
like to create third party rights in the suit property.
3. Prima facie, according to this Court, such request can
very well be made by the petitioner before the Court
concerned in light of Order 41 Rule 6 of CPC and in that
eventuality, the Court, after hearing the parties concerned, can
pass appropriate order.
4. In light of the aforesaid, at this stage, this Court would
not like to interfere with the order impugned but at the same
time, giving liberty to the petitioner to file an appropriate
application on or before 28.08.2025 either before the Court,
who passed the decree in question or before the Executing
Court concerned, with an appropriate relief relying upon Order
NEUTRAL CITATION
C/SCA/11839/2025 ORDER DATED: 25/08/2025
undefined
41 Rule 6 or any other provision of order and requests the
Trial Court to stay the judgment and decree on appropriate
condition.
5. Once, such application will be filed on or before
28.08.2025 as the execution is fixed on 28.08.2025, the Court
concerned is requested to pass an appropriate order on such
application. After giving an opportunity of hearing, the Trial
Court shall expeditiously decide such application as early as
possible.
6. As this Court has been informed that hearing of delay
application is also pending and listed before the Appellate
Court today, the Appellate Court is also requested to expedite
the hearing of the delay application as early as possible.
7. With aforesaid observation and reserving the liberty in
favour of the petitioner, the present writ application is
disposed of. No order as to costs.
8. Direct service is permitted.
(MAULIK J.SHELAT,J)
MOHD MONIS
