Gujarat High Court
L H Of Mohanlal Mahadev Solanki vs L H Of Rama Pachan on 24 February, 2025
NEUTRAL CITATION
C/SA/560/2024 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 560 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/SECOND APPEAL NO. 560 of 2024
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L H OF MOHANLAL MAHADEV SOLANKI & ORS.
Versus
L H OF RAMA PACHAN & ORS.
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Appearance:
GANDHI LAW ASSOCIATES(12275) for the Appellant(s) No. 1,1.1,1.2,1.3
GOVERNMENT PLEADER for the Respondent(s) No. 6,7,8
MR MEET M KATIRA(10504) for the Respondent(s) No. 1,1.1,1.2
MR. MRUGESH A BAROT(6709) for the Respondent(s) No. 1,1.1,1.2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 24/02/2025
ORAL ORDER
1. Heard learned senior advocate Mr. Mihir Joshi
alongwith learned advocate Mr. Arjun Joshi and learned
advocate Mr. Keyur D. Gandhi for Gandhi Law Associates
for the appellants.
2. The present Second Appeal has been filed challenging
the judgment and decree passed by 2 nd Additional Sessions
Judge, Anjar -Kachchh in Regular Civil Appeal No.51 of
2024 dated 14.11.2024 by which the Regular Civil Suit
No.84 of 2011 pending before the Principal Senior Civil
Judge, Anjar came to be restored.
3. The First Appeal was filed as an order was passed
below Exhibit-1 and the said order was passed by virtue of
Exhibit-48 & 49 in Regular Civil Suit No.84 of 2011,
NEUTRAL CITATION
C/SA/560/2024 ORDER DATED: 24/02/2025
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whereby, by an order dated 28.12.2018, the trial Court on
the ground that defendant No.5 has expired and the suit
stood abate as per an order dated 13.02.2017 and by
virtue of an order passed below Exhibit-48 as the said
application was rejected the suit stood abate qua defendant
No.5 and ultimately the order was passed below Exhibit-1
whereby the entire suit stood abate.
4. Today, when the matter is heard, both the learned
senior advocates for the parties have stated that without
entering into the merits of the case and keeping rights of
both the parties open before the Appellate Court, the order
passed in Regular Civil Appeal No.51 of 2024, dated
14.11.2024 passed by 2nd Additional Sessions Judge, Anjar
Kachchh be quashed and set aside and the matter be
remanded to the District Court to rehear the Regular Civil
Appeal No.51 of 2024 on merits.
5. AGP Mr. Bharat Vyas submits that he has no
objection if the matter is remanded to the trial Court for
fresh adjudication.
6. In view of the said fact, as consent is by both the
parties to the proceedings, this Court is not entering into
NEUTRAL CITATION
C/SA/560/2024 ORDER DATED: 24/02/2025
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the merits of the case and the judgment and decree in
Regular Civil Appeal No.51 of 2024 is quashed and set
aside.
7. The matter is remanded to the concerned District
Court to rehear the matter on merits. Both the parties will
be at liberty to raise all the points available to them in
law for adjudication of the said Regular Civil Appeal
No.51 of 2024, in view of the fact that the suit was of the
year 2011, the present Regular Civil Appeal No.51 of 2024
is pending, the learned District Judge to decide the said
appeal expeditiusly preferably within a period of six
months from the date of receipt of this order.
8. In view of the same, the present Second Appeal is
disposed of.
9. In view of the order passed in the main matter, Civil
Application does not survive and stands disposed of
accordingly.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
