Gujarat High Court
Heirs Of Deceased Jayantibhai Kalubhai ... vs M/S Himanshu Textile And Manufacturing ... on 25 July, 2025
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C/SCA/10129/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10129 of 2025
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HEIRS OF DECEASED JAYANTIBHAI KALUBHAI BHARVAD & ORS.
Versus
M/S HIMANSHU TEXTILE AND MANUFACTURING CO. & ORS.
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Appearance:
MR TATTVAM K PATEL(5455) for the Petitioner(s) No. 1,1.1,1.2,1.3
SIDDHARTH R KHESKANI(9483) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/07/2025
ORAL ORDER
1. Heard learned advocate Mr.Tatvam K. Patel for the
petitioners and learned Senior Advocate Mr.Shalin Mehta with
learned advocate Mr.Siddharth R. Kheskani for the respondent.
2. The present writ application is filed under Article 227 of
the Constitution of India seeking the following relief:-
"(A) Your Lordships may be pleased to admit and allow this
petition.
(B) Your Lordships may be pleased to quash and set aside the
impugned order dated 09.05.2025 passed in Regular Civil Appeal
No. 73 of 2025 by Additional District Judge, Ahmedabad (Rural)
and thereby, may be pleased to allow application for stay filed by
the petitioner in the Regular Civil Appeal No. 73 of 2025; Am
(C) Pending the admission, hearing, and final disposal of the
present petition, Your Lordships may be pleased to stay the
operation of the order dated 09.05.2025 passed in Regular Civil
Appeal No.73 of 2025 by the Ld. Additional District Judge,
Ahmedabad (Rural) Av and further may be pleased to stay the
operation, implementation, and execution of the judgment and
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decree passed by the Id. 3rd Additional Senior Civil Judge,
Ahmedabad (Rural) at Navrangpura in RCS No. 852 of 2005 (old
(D) Your Lordships may be pleased to grant ex parte ad-interim
relief in terms of prayer C above in the interest of justice;
(E) Your Lordships may be pleased to grant such other and further
relief and/or order in the interest of justice in favour of the
petitioners."
3. At the outset, learned advocate Mr.Patel would submit
that despite that there is a fact that petitioners herein are
facing eviction Decree and timely, filed the appeal before the
Appellate Court, injunction application was not heard and in
fact, it was ordered to be heard along with Exh.1 i.e., Regular
Civil Appeal No.73 of 2025 by calling record and proceeding.
3.1. Learned advocate Mr.Patel would submit that after
09.05.2025, which was returnable date, till date, neither Exh.1
i.e., Appeal nor Exh.5 i.e., injunction application filed in the
appeal was taken up / heard and the next date of hearing
fixed on 05.08.2025.
3.2. So, learned advocate Mr.Patel would submit that
petitioners having faced execution from the respondent no.1,
in that situation, if neither Exh.1 i.e., Appeal nor Exh.5 i.e.,
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injunction application of the petitioners will be heard in time,
the purpose of that Regular Appeal will get frustrated, if
execution will be completed.
3.3. Thus, learned advocate Mr.Patel, would request this
court to pass appropriate order / direction to the Appellate
Court for hearing Exh.1/Exh.5 filed in the Regular Civil Appeal
No.73 of 2025.
4. Per contra, learned Senior Advocate Mr.Shalin Mehta
with learned advocate Mr.Siddharth R. Kheskani for the
respondent would submit that there is no objection on the side
of the respondent to proceed with the hearing of Exh.01, i.e.,
the regular appeal filed by the petitioners, or at Exh.5, i.e.,
the injunction application filed by the petitioners herein, and
respondent No.1 is always ready and willing to proceed with
the hearing of both these proceedings instituted by the
petitioners pending before the Appellate Court.
5. Having heard the learned advocates appearing for the
respective parties, I am of the view that the Appellate Court
either requires to hear the Regular Civil Appeal filed by the
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petitioners below Exh.01, or else, in a case where it is unable
to hear it finally, the injunction application so filed by the
petitioners below Exhibit 5 in such appeal requires to be
peremptorily heard on the next date of hearing, that is, 5th
February 2025.
6. The parties to the appeal are required to extend their
cooperation and support for the early hearing of either the
appeal and/or the injunction application, as the case may be.
7. Thus, in view of the aforesaid, the Appellate Court is
hereby directed to hear either the Regular Civil Appeal No.73
of 2025 filed by the petitioners herein, and in a case where it
is not feasible for the Appellate Court to hear the appeal
finally in a short period of time, in that eventuality, the
injunction application filed by the petitioners herein below
Exhibit 5 in the aforesaid appeal is required to be heard
peremptorily on 5th February 2025, the day fixed by the
Appellate Court itself.
8. In any case, if, for any reason, the Regular Civil Appeal
No.73 of 2025 is not heard within a short period of time, the
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injunction application shall have to be heard and adjudicated
upon by the Appellate Court on or before 31st August 2025, as
the petitioners are facing execution filed by the respondent
no.1 - Decree-holder.
9. It is made clear that this Court has neither gone into nor
examined the merits of the matter and all rights and
contentions of the respective parties are kept open and to be
decided by the Appellate Court independently in accordance
with law.
10. In view of the aforesaid, the present application is
disposed of. No order as to costs.
(MAULIK J.SHELAT,J)
MOHD MONIS
