Gujarat High Court
Sangeeta D/O Sureshchandra Babulal ... vs Premjibhai Kanjibhai Prajapati on 29 January, 2025
NEUTRAL CITATION
C/SCA/1096/2025 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1096 of 2025
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SANGEETA D/O SURESHCHANDRA BABULAL SHAH @
SURESHCHANDRA AGRAVAL AND W/O SAURABHKUMAR MUKUTLAL
GUPTA
Versus
PREMJIBHAI KANJIBHAI PRAJAPATI & ORS.
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Appearance:
MR. JAY M THAKKAR(6677) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 29/01/2025
ORAL ORDER
1. Heard learned advocate Mr. Jay M. Thakkar for the
petitioners.
2. After arguing for some time, under the instruction of
his client, learned advocate for the petitioner does not press
the present petition. He would assure this court that the
amount of Rs. 10,000/- as a costs while rejecting the
impugned application by the trial Court vide its order dated
08.11.2024 will be deposited by the petitioner within three
days from today. Nonetheless, he would request this Court
that as per the petitioner being the defendant No.2 in
Special Civil Suit No. 28 of 2010 pending before the 20 th
Additional Senior Civil Judge, Vadodara, right of cross
examination of defendants were never closed and suit is
NEUTRAL CITATION
C/SCA/1096/2025 ORDER DATED: 29/01/2025
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listed for final hearing. He would further submit that the
liberty may be granted to the petitioner to file necessary
application before the trial Court, thereby he can request the
trial Court to permit the defendant No.2 to cross examine
the plaintiff and his witnesses as the case may be which is
permissible under the law, despite no written statement of
the defendant is on record. He would rely upon the
judgment of the Hon'ble Apex Court in the case of
Ranjitsing Vs. State of Gujarat reported in 2024 SCC 724,
whereby he has placed reliance upon the observation made
by the Hon'ble Apex Court in Para-5 of such judgement.
3. After considering the aforesaid prayer, which appears
reasonable, the petitioner is permitted to withdraw the
present petition with a liberty to approach the trial Court
concerned with a necessary application whereby allowing
the petitioner - defendant No.2 to cross examine the
plaintiff and or his witnesses, if already right to cross
examination of defendant No.2 is not closed by the trial
Court.
4. If such an application will be filed by the defendant
No.2 within a period of Seven days from today, the trial
Court after giving opportunity of hearing to the parties
concerned, to decide the same in accordance with law
without being influenced by the order impugned in the
NEUTRAL CITATION
C/SCA/1096/2025 ORDER DATED: 29/01/2025
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petition, keeping in mind the aforesaid pronouncement of
Hon'ble the Apex Court in the case of Ranjitsinh (supra) as
well as whether such right is not closed at relevant time . As
a condition precedent and assurance given by the learned
advocate for the petitioner that defendant No.2 will deposit
the cost of Rs. 10,000/- as per the impugned order, the trial
Court shall allow the petitioner to deposit amount of costs
i.e. Rs. 10,000/- and ensure such compliance before proceed
to adjudicate such application, which is to be filed by the
defendant No.2, as prayed for.
5. In view of the aforesaid observation, discussion and
direction, the present petition is disposed of as withdrawn,
reserving the liberty as prayed for by the petitioner as
aforesaid. No order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J)
SALIM/
