Bhagvanbhai Laljibhai Rabari vs Fulabhai Mahijibhai Rabari @Nayak ...
2025 Latest Caselaw 1315 Guj

Gujarat High Court

Bhagvanbhai Laljibhai Rabari vs Fulabhai Mahijibhai Rabari @Nayak ... on 24 July, 2025

                                                                                                                NEUTRAL CITATION




                             C/MCA/1737/2025                                     ORDER DATED: 24/07/2025

                                                                                                                 undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/MISC. CIVIL APPLICATION NO. 1737 of 2025

                                               In F/SECOND APPEAL NO. 5375 of 2024

                       ==========================================================
                                        BHAGVANBHAI LALJIBHAI RABARI
                                                    Versus
                          FULABHAI MAHIJIBHAI RABARI @NAYAK KANCHANDEV RUMNIDEV
                       ==========================================================
                       Appearance:
                       JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1
                       MR UDAY H BHATT(6457) for the Applicant(s) No. 1
                       MR NIRAD BUCH FOR MR M.R.YAGNIK for the Respondent
                       ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                            Date : 24/07/2025

                                                                 ORAL ORDER

1. Learned advocate for the applicant seeks permission to amend the prayer clause 10(A) in view of the fact that there is typographical error in referring the dated of order and instead of 23.03.2024 it should be 21.03.2024, the said permission is granted. Necessary amendment to be carried out forthwith.

2. The present application has been filed to recall the order dated 21.03.2024 passed in Second Appeal (Stamp) No.5375 of 2024.

3. The Co-ordinate Bench by an order dated 21.03.2024 had directed the applicant to remove office objections on or before 04.04.2024, failing which the matter shall stand dismissed.

4. Learned advocate for the applicant states that the office objections could not be removed in view of the fact that the applicant could not get the certified copies of the judgment and

NEUTRAL CITATION

C/MCA/1737/2025 ORDER DATED: 24/07/2025

undefined

decree of the Trial Court and in view of the same, there is a delay in removing the office objections.

5. Learned advocate Mr.Nirad Buch for respondent has fairly stated that he has no objection if the present application is allowed.

6. Having heard learned advocate for the applicant and having considered the application, sufficient reasons have been stated in not removing the office objections within the prescribed period granted by the Court by an order dated 21.03.2024.

7. In view of the same, the present application is allowed and the captioned Second Appeal be restored to its original file. Office objections if any to be removed within a period of one weeks failing which the matter shall stand dismissed.

(SANJEEV J.THAKER,J) URIL RANA