Gujarat High Court
Nasirbanu Yusufbhai Randhanpuri vs Ismailbhai Musabhai Randhanpuri on 1 July, 2025
NEUTRAL CITATION
C/SCA/8523/2025 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8523 of 2025
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NASIRBANU YUSUFBHAI RANDHANPURI & ORS.
Versus
ISMAILBHAI MUSABHAI RANDHANPURI & ORS.
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Appearance:
A A DAUDIVHORA(7516) for the Petitioner(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 01/07/2025
ORAL ORDER
1. Heard learned advocate Mr. A.A. Daudivhora for the
petitioners.
2. The present writ application is filed under Article 227 of
the Constitution of India seeking following relief :-
"A. Be pleased to admit and allow the present petition.
B. Be pleased to issue a writ in the nature of writ of Certiorari
and/or writ of Mandamus and/or any other appropriate writ and direct
the Res. No 1, 2 and 3 to hand over the possession of immoveable
property as per order dated 07.03.2025 order Passed in Execution
petition No. 37 of 2023. until the final disposal of execution
proceedings being Execution No. 37/2023 for the implementation of
the judgment and decree Dt. 05.08.2022 passed in Sp.C.S No. 06 of
2015 by Additional Senior Civil Judge, Dholka Court at Dholka.
Annexed hereto and marked as "Annexure E" is the copy of order
dated 16.10.2020 Passed in Sp.C.S. No. 06 of 2015 along with the
Decree pass on Dt. 05.08.2022 for the said proceedings for its true
meaning, effect and interpretation.
NEUTRAL CITATION
C/SCA/8523/2025 ORDER DATED: 01/07/2025
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C. Be further pleased to direct the 5 th Additional Senior Civil Judge,
Dholka Court at Dholka When Execution petition No. 37 of 2023
pending before the 5th Additional Senior Civil Judge, Dholka Court at
Dholka to decide the said proceedings of Execution withing stipulated
time frame and further direction may please be given to implement the
execution of M.O.U made between the parties for hand over the
possession for City Survey No.83, admeasuring 100.893 sq. mtrs.
M.O.U dated 03.04.2025 "Annexure D" and failure of that issued
contempt proceedings against them.
D. Any other relief that may be deem fit and proper in the facts and
circumstances of the case may please be granted."
3.0 At the outset, learned advocate Mr. Daudivhora would
submit that pursuance to the order dated 07.03.2025 passed
by the Executing Court in Execution Petition No. 37 of 2023,
parties have amicably settled the matter thereby, claimed
the compromise agreement which was duly notarized on
03.04.2025. He would further submit that pursuance to the
order and the compromise, the petitioners herein were
required to put in possession of suit property as agreed
between the parties but till date, nothing has been done in
the mater, whereby the petitioners are deprived from
realizing the fruits of the decree and or the order and also
compromised deed.
3.1 Learned advocate Mr. Daudivhora would further submit
that the application is filed seeking an appropriate relief in
execution below Exh. 16 which is still pending for its
NEUTRAL CITATION
C/SCA/8523/2025 ORDER DATED: 01/07/2025
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adjudication. So, in the light of the aforesaid facts, learned
advocate for the petitioner would request this Court to pass
an appropriate order thereby, Executing Court can give
effect of its order dated 07.03.2025 and also compromise
deed executed between the parties.
4. Prima-facie, after going through the order dated
07.03.2025, it appears that compromise deed was executed
between the parties on 03.04.2025, which appears to have
been duly authorized. As complaint by the petitioners that
other sides having not acted upon as per compromise, the
Executing Court is required to take note of such fact and to
pass appropriate order in the execution petition. This Court
is informed by the learned advocate Mr. Daudivhora for the
petitioners that the application filed below Exh. 16 seeking
appropriate relief with regards to implementation of such
compromised deed, in true sense, which is pending till date.
5. In view of the aforesaid, at this stage, without further
entering into merit of the matter, this Court would like to
direct the Executing Court to decide the application filed by
the petitioners below Exh.16 in Execution Petition No. 37 of
2023 as early as possible, al-beit, after giving opportunity of
hearing to all parties concerned and thereafter to decide it in
accordance with law.
NEUTRAL CITATION
C/SCA/8523/2025 ORDER DATED: 01/07/2025
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6. It is now well settled position of law that Executing
Court is required to adjudicate and dispose of execution
petition at the earliest. To keep this factor into account, the
Executing Court shall decide all the disputes between the
parties if any, at the earliest.
7. With the aforesaid observation and direction, the
present writ application is disposed of. No order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J)
SALIM/
