Gujarat High Court
Jayshreeben Dineshbhai Thakkar vs Trivedi Kalidas Umiyashankar on 25 July, 2025
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/MCA/2089/2023 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2089 of 2023
In
R/SECOND APPEAL NO. 15 of 2023
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JAYSHREEBEN DINESHBHAI THAKKAR
Versus
TRIVEDI KALIDAS UMIYASHANKAR & ORS.
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Appearance:
MR ASIM PANDYA, LD.SR.ADV WITH MR SHYAM M SHAH(11348) for the
Applicant(s) No. 1
MR.JAY S SHAH(7244) for the Applicant(s) No. 1
ADVOCATE NOTICE NOT RECD BACK for the Opponent(s) No.
1,2.1.1,2.1.3,3
DELETED for the Opponent(s) No. 4.1
MS MEGHA JANI(1028) for the Opponent(s) No.
4.2,4.3,4.4,4.5.1,4.5.2,4.6,4.7
NOTICE SERVED for the Opponent(s) No. 6
NOTICE SERVED BY DS for the Opponent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 25/07/2025
ORAL ORDER
1. Heard learned Senior Advocate Mr.Asim
Pandya with learned advocate Mr.Shyam M. Shah
for the applicant and learned advocate
Ms.Megha Jani for the opponent Nos.4.2, 4.3,
4.4, 4.5.1, 4.5.2, 4.6 and 4.7.
2. By this application, the applicant has
prayed for the following reliefs :
"A) To admit and allow the present Civil
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C/MCA/2089/2023 ORDER DATED: 25/07/2025
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Application;
B) To Recall under Section 151 & Section
114 r/w Order 47 of CPC & Article 215 of
Constitution on India the judgement
dated 15.09.2023 in Second Appeal no.15
of 2023 before this Hon'ble Court and
further be pleased to pass a fresh Order
after considering the Civil Application
no.02 of 2023 (For Joining Party) by the
applicant; (At Annexure A1 to this
application)
C) Pending Hearing and final disposal of
the present application be pleased to
stay the operation, implementation and
execution of the judgement dated
15.09.2023 in Second Appeal no.15 of
2023 before this Hon'ble Court.
D) To pass any such other and further
order which this Hon'ble Court may deem
fit and appropriate in the interest of
justice and equity."
3. The brief facts giving rise to this
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application can be summarised as under :
3.1. This Court passed a Judgment and Order
in Second Appeal No.15 of 2023 on 15.09.2023
by dismissing the Second Appeal confirming the
order passed by the Appellate Court in Regular
Civil Appeal No.87 of 2019 on the ground that
no substantial questions of law has arisen
from the order passed by the First Appellate
Court.
3.2. It is the case of the applicant that
the applicant was not party either in the
Special Civil Suit No.124 of 2008 though the
applicant purchased some portion of the land
in the land bearing Survey No.809 situated at
Village:Rancharda,Taluka:Kalol,District:Gandhi
nagar.
3.3. The applicant was also not a party in
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the Regular Civil Appeal No.87 of 2019 or
before this Court in Second Appeal No.15 of
2023.
3.4. It is the case of the applicant that
the applicant had also preferred Special Civil
Suit No.35 of 2007 for partition and
cancellation of the sale-deed dated 13th
September, 2005 executed by the joint owners
in favour of the respondents in Second Appeal
No.15 of 2023.
3.5. It is the case of the applicant that
by order dated 10th August, 2007, Exh.5 was
granted in favour of the applicant in the
Special Civil Suit No.35 of 2007 and by order
dated 30th January, 2019, the said Special
Civil Suit was dismissed against which the
applicant preferred First Appeal No.711 of
2019 before this Court wherein, the Division
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C/MCA/2089/2023 ORDER DATED: 25/07/2025
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Bench of this Court by order dated 20th
February, 2019 granted interim-relief to
maintain status-quo in favour of the
applicant.
3.6. It is also the case of the applicant
that Special Civil Suit No.124 of 2008 filed
by the joint owners of the property seeking
cancellation of sale-deed was pending when the
Special Civil Suit filed by the applicant was
dismissed.
3.7. The Special Civil Suit No.124 of 2008
decided in favour of the original owners by
cancelling the sale-deeds dated 13th
September, 2005 was set-aside against which,
the purchasers, who are respondents in Second
Appeal and opponent Nos.4/1 to 4/7 in this
application, preferred Regular Civil Appeal
No.87 of 2019 which was allowed by order dated
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13.12.2022, against which the Second Appeal
was preferred before this Court by the joint
owners who executed the sale-deed dated 13th
September, 2005.
3.8. It is the case of the applicant that
the applicant also preferred a Civil
Application for joining party on 18.04.2023,
after the Second Appeal was heard and reserved
for orders by this Court.
3.9. It is the case of the applicant that
in view of such facts, the applicant has
preferred this application to recall the order
dated 15th September, 2023 passed in Second
Appeal No.15 of 2023 as the right of the
applicant in the land (in question) is
affected and applicant is a proper and
necessary party in the proceedings of the
Second Appeal before this Court.
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4. After hearing the learned advocates for a
considerable time, I am of the opinion that if
the following clarifications are made, there
is no need to recall the judgment and order
dated 15th September, 2023 which will meet the
ends of justice :
(i) As the applicant was not party in
the Second Appeal No.15 of 2023, the
judgment and order dated 15th September,
2023 naturally would not bind the
applicant;
(ii) It goes without saying that the
pending proceedings of First Appeal
No.711 of 2019 arising out of the
judgment and order passed in Civil Suit
No.35 of 2007 are independent
proceedings and there cannot be any
bearing of the proceedings of Special
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Civil Suit No.124 of 2008 and
subsequent proceedings of the challenge
in Regular Civil Appeal No.87 of 2019
resulting into the impugned judgment
and order dated 15th September, 2023
rendered in Second Appeal No.15 of
2023;
(iii) It is also pertinent to note that
the opponent Nos.4 to 4/7 are also
party in the pending First Appeal
No.711 of 2019. Therefore, it would be
open for the applicant to raise all the
contentions in respect of the right of
the applicant in the pending
proceedings.
(iv) It is also clarified that the
judgment and order dated 15th September,
2023 rendered in Second Appeal No.15 of
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2023 is only on the facts presented
before this Court in relation to the
parties in the judgment.
5. In view of the above clarifications, the
application is not entertained and is
accordingly disposed of.
(BHARGAV D. KARIA, J)
PALAK
