Gujarat High Court
Kumar Jeramdas Keval Ramani vs Chandraprabha Builders Pvt. Ltd on 22 January, 2025
NEUTRAL CITATION
C/SA/275/2023 ORDER DATED: 22/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 275 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/SECOND APPEAL NO. 275 of 2023
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 2 of 2023
In R/SECOND APPEAL NO. 275 of 2023
================================================================
KUMAR JERAMDAS KEVAL RAMANI
Versus
CHANDRAPRABHA BUILDERS PVT. LTD.
================================================================
Appearance:
MR NV GANDHI(1693) for the Appellant(s) No. 1
JENIL M SHAH(7840) for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 22/01/2025
ORAL ORDER
1. By way of present Second Appeal, the appellant has
challenged the order passed in Regular Civil Suit No.330 of
2010 and Special Civil Suit No.274 of 2011.
2. Brief facts leading to the present Second Appeal are that
the present appellant filed Regular Civil Suit No.330 of 2010
for permanent injunction restraining to the defendant from
dispossess from the premises without following due process of
law.
3. The owner of the properties i.e. present respondent
herein, had also filed Special Civil Suit No.247 of 2011,
thereby seeking possession of the property from the appellant
herein, and after hearing both the parties, the trial Court had
NEUTRAL CITATION
C/SA/275/2023 ORDER DATED: 22/01/2025
undefined
decreed the Special Civil Suit No.274 of 2011 and has
dismissed Regular Civil Suit No.330 of 2010.
4. Being aggrieved by the said order, the said order was
challenged before the District Judge, Rajkot and the first
appellate Court confirmed the judgment and decree passed in
Regular Civil Suit No.330 of 2010 and Special Civil Suit
No.247 of 2011. Aggrieved by the said order, present Second
Appeal has been filed.
5. When the matter came up before coordinate bench of
this Court on 12.12.2024, learned advocate for the respondent
stated that in Execution Proceeding No.259 of 2023, the
possession of the property has already been taken from the
present appellant and it is stated that the property has been
sealed by Bailiff as per the order passed in Execution
Proceeding No.259 of 2023. On 12.12.2024, statement was
made by learned advocate for the respondent that the luggage
of the appellant which are lying in the property can be handed
over to the appellant as and when demands.
6. Looking to the fact of the present case, under instructions
the learned advocate for the appellant has also stated that if
the luggage is handed over back to the appellant, he does not
want to proceed with present Second Appeal.
NEUTRAL CITATION
C/SA/275/2023 ORDER DATED: 22/01/2025
undefined
7. In view of the said fact, learned advocate for the
respondent has stated that the appellant can come on
28.01.2025 to take the luggage of the appellant lying in the
suit premises and he has no objection with the said luggage is
handed over to the appellant and learned advocate for the
appellant stated that if handed over the possession of the
premises to the respondent, the appellant has no objection to
that also.
8. In view of the said fact, the Bailiff as appointed by the
Court in Execution Proceeding No.259 of 2023, to hand over
the keys of suit premises to the respondent on 28.01.2025 and
on that date in front of the Bailiff after preparing the report
by the Bailiff, the luggage of the appellant be handed over to
the appellant.
9. In view of the said direction, learned advocate for the
appellant does not press the present Second Appeal and the
present Second Appeal stands disposed of as not pressed.
10. Accordingly, Civil Applications stand disposed of. Direct
service is permitted.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
