Gujarat High Court
Motiben Wd/O Kasambhai Valibhai Turak vs Imranbhai Ismailbhai Ramsha on 17 February, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/3003/2018 ORDER DATED: 17/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 3003 of 2018
In R/FIRST APPEAL NO. 683 of 2023
With
R/FIRST APPEAL NO. 683 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
In R/FIRST APPEAL NO. 683 of 2023
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MOTIBEN WD/O KASAMBHAI VALIBHAI TURAK & ORS.
Versus
IMRANBHAI ISMAILBHAI RAMSHA
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Appearance:
MS FARHANA Y MANSURI(2526) for the Applicant(s) No. 1
MR. ZALAK B PIPALIA(6161) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 17/02/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
Captioned application is an application seeking leave to
appeal against the judgment dated 15.09.2017 passed in Special
Civil Suit no.03 of 2013 by the learned 2 nd Additional Senior Civil
Judge, Veraval.
2. Learned advocates for the respective parties, have jointly
submitted that daughter of Valumahammad Rahimbhai Turak, who is
one the heirs of Kasambhai Valibhai Turak, has filed an application
seeking leave to appeal to challenge the self-same judgment.
3. In view thereof, Ms Farhana Y. Mansuri, learned advocate for
the applicants, seeks permission to withdraw the captioned
application, seeking leave to appeal with a liberty to approach the
District Court wherein, Misc. Civil Application no.2 of 2025, is
NEUTRAL CITATION
C/CA/3003/2018 ORDER DATED: 17/02/2025
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pending consideration.
4. Mr Zalak B. Pipalia, learned advocate for the respondent
states that there is no objection against the withdrawal of the
captioned application; however, the rights and contentions of the
respondent to object the leave to appeal, may be kept open.
5. In view of the above, request is acceded to. Civil Application,
is disposed of as withdrawn with the aforesaid liberty. No order as to
costs.
6. Needless to clarify that the withdrawal is without prejudice to
the rights and contentions of the respective parties.
7. Pertinently, the order seeking condonation of delay, was
inadvertently passed in the Civil Application (for leave to appeal)
no.3003 of 2018 and hence, the First Appeal, came to be registered.
This Court, thereafter, has passed an order dated 16.06.2023 in
R/Civil Application no.3003 of 2018 in R/First Appeal no.683 of 2023,
which reads thus:-
"1. This application is listed before this Bench for
correction of order dated 10.06.2022 recorded on R/Civil
Application No.3003 of 2018 in F/First Appeal No.32444
of 2018.
2. This is an application for seeking leave to file an
appeal.
3. Considering the note dated 28.03.2023 placed by
the Registry, it appears that, inadvertently, the order for
condonation of delay in filing the First Appeal is wrongly
transcribed on this application vide order dated
10.06.2022. Therefore, the said order dated 10.06.2022
recorded on this application is required to be recalled
and is hereby recalled.
4. Registry to place this application before appropriate
Bench as per roster, for hearing.
NEUTRAL CITATION
C/CA/3003/2018 ORDER DATED: 17/02/2025
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5. The note is disposed of accordingly."
Clearly, the order dated 10.06.2022, has been recalled.
8. Therefore, in view of the withdrawal of the application seeking
leave to appeal, R/First Appeal no.683 of 2023, is also disposed of
accordingly. No order as to costs.
9. Court fees, if any paid, shall be refunded in accordance with
law.
10. In view of disposal of captioned First Appeal, Civil Application
(for stay) no.2 of 2018, stands disposed of.
(SANGEETA K. VISHEN,J)
(NIRAL R. MEHTA,J)
BINOY B PILLAI
