Gujarat High Court
Hashmukh Khimji Dedhiya vs Shailesh Vishanji Gosar on 25 February, 2025
NEUTRAL CITATION
C/SCA/11840/2024 ORDER DATED: 25/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11840 of 2024
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HASHMUKH KHIMJI DEDHIYA & ORS.
Versus
SHAILESH VISHANJI GOSAR
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Appearance:
MR SHIVANG M SHAH(5916) for the Petitioner(s) No. 1,2,3
MR DARSHIT H RAVAL(11887) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/02/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr. Darshit
H. Raval waive service of notice of rule on behalf of
respondent. With the consent of parties, matter is taken up for
final hearing.
2. Heard learned Senior Counsel, Mr. Dhaval D. Vyas with
learned advocate Mr.Shivang M.Shah appearing for the
petitioners and learned advocate Mr.Hriday Buch with learned
advocate Mr.Darshit H.Raval appearing for the respondent.
3. The present application is filed under Article 227 of the
Constitution of India for following reliefs.
"(A) Your Lordships will be pleased to quash and set aside the
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C/SCA/11840/2024 ORDER DATED: 25/02/2025
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order dated 08.07.2024 passed by the Learned 8th Additional
District Judge Bhuj Kachchh in MCA No. 22 of 2024 below the
application Exh.18 (produced at Annexure-A to the petition)
(B) Pending the hearing and final disposal of the petition this
Hon'ble Court may be pleased to stay the order dated
08.07.2024 passed by the Learned 8th Additional District Judge
Bhuj Kachchh in MCA No. 22 of 2024 below application of
Exh. 18 (produced at Annexure-A to the petition)
(C) Ad-interim reliefs in terms of para-B may kindly be granted
(D) And any other orders necessary in the interest of justice be
passed."
4. The petitioners happen to be original defendant of
Regular Civil Suit No.50 of 2024 filed by the respondent before
Civil Judge, Mandvi, District Katch. The temporary injunction,
as prayed for, by the plaintiffs was rejected by the Trial Court.
Whereas, the appellate Court has partly allowed the appeal
filed by the original plaintiff, thereby, directed the parties to
maintain status quo of situation of the suit property and
further, defendants are specifically directed for not making any
construction as to close the disputed door of the plaintiff
situated inside of the property, which is going to be
constructed. It has also passed other orders.
5. Being aggrieved and dissatisfied with the judgment and
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C/SCA/11840/2024 ORDER DATED: 25/02/2025
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order dated 08.07.2023 passed by 8th Additional District Judge,
Kutch at Bhuj in Misc. Civil Application No.22 of 2024, the
defendants have preferred the present application.
6. At the outset, learned Senior Counsel, Mr. Vyas
appearing for the petitioners and Learned advocate Mr. Buch
for respondent inform to this Court that there is a broad
consensus arrived at between the respective parties so far as
operation of status quo order passed by the appellate court is
concerned thereby, parties are at ad-idem and worked out
following arrangement which may be made and be continued
till final disposal of the suit. Accordingly, learned advocates
appearing for the respective parties have jointly requested to
consider such request of the parties and accordingly modify
impugned judgement/order passed by the appellate court.
7. As there is broad consensus between the parties and they
are ad-idem, thereby, requested this Court to modify the
impugned order passed by the Appellate Court, this Court
would like to accept such request made by the parties
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concerned. Accordingly observed as under,
7.1 The plaintiff/s will be allowed to use and occupy the
shop under the name of Shailesh Store, which is refer/subject
matter of the suit property.
7.2 The defendant will not interfere with the peaceful
possession of the plaintiff of shop in the name of Shailesh
Store as aforesaid till final disposal of the suit.
7.3 The defendant further undertake that they will not
come in the way of plaintiff in the routine business of the
plaintiff to be carried out in the shop, namely, Shailesh Store
including any weather protection, if so required, in case of
necessity.
7.4 To facilitate both the parties and to progress further in
their life, following arrangements have been suggested, which
are without prejudice to the rights and contentions of the
respective parties either in the pending suit or any other
collateral proceedings, which are initiated against each other
before any other Court or Authority as the case may be.
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7.5 Both the parties will abide by their undertaking so
declared before this Court, thereby, harmony can be
maintained between the parties during the course of the Trial
of the suit.
8. In view of the above, the impugned order stands
modified as observed in para 7.1 to 7.5 hereinabove, thereby,
order of status quo granted by appellate court is accordingly
hereby modified to the aforesaid extent.
9. So far as application for the contempt of court, which is
directed by appellate court to be decided by Trial Court on
framing such issues is concerned, considering the peculiar facts
and circumstances of the case, such an issue may be framed
by Trial Court but the same shall be decided by Trial court
without being influenced by any of the observations so made
by the appellate Court but decide it as per the evidence led by
the respective parties and / or available on record of the case.
10. Likewise, Trial Court requires to decide lis between the
parties as per evidence coming forth on the record in suit and
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thereafter, decide suit in accordance with law without being
influenced by any of the observations so made either itself in
the injunction application or by appellate court and or this
Court as the case may be.
11. In the aforesaid observations, directions and consensus ad
idem between the parties, the impugned order passed by the
appellate Court stands modified to the aforesaid extent. The
petition is partly allowed to the aforesaid extent. Rule is made
absolute to the aforesaid extent. No order as to costs.
(MAULIK J.SHELAT,J)
MOHD MONIS
