Legal Heirs And Representatives Of ... vs Paschim Gujarat Vij Company Limited
2025 Latest Caselaw 569 Guj

Gujarat High Court

Legal Heirs And Representatives Of ... vs Paschim Gujarat Vij Company Limited on 3 July, 2025

                                                                                                                       NEUTRAL CITATION




                              C/SCA/8719/2025                                        ORDER DATED: 03/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                      R/SPECIAL CIVIL APPLICATION NO. 8719 of 2025
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                            LEGAL HEIRS AND REPRESENTATIVES OF DECEASED GOMTIBEN
                                             RAMJIBHAI GOHIL & ORS.
                                                     Versus
                                      PASCHIM GUJARAT VIJ COMPANY LIMITED
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                       Appearance:
                       MR NIRAV C THAKKAR(2206) for the Petitioner(s) No. 1,1.1,2,2.1,2.2
                       MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                              Date : 03/07/2025
                                                                  ORAL ORDER

1. Heard learned advocate Mr. Nirav C. Thakkar for the

petitioners and learned advocate Mr. Rituraj Meena for the

respondent, who is now appearing in place of learned advocate

Mr. Dipak R. Dave.

2. After arguing some time, learned advocate Mr. Thakkar,

under instructions from his client, does not press the present

application with the liberty to approach the Executing Court by

way of an appropriate application with an appropriate relief

and inasmuch as, according to learned advocate for the

petitioners, he was not served with notice in the execution

proceedings, there are other legal heirs of the original

judgment debtor, who were not joined in the execution, and

NEUTRAL CITATION

C/SCA/8719/2025 ORDER DATED: 03/07/2025

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other legal contentions available to the petitioners were not

examined by the Executing Court while passing the impugned

order.

3. To this, learned advocate Mr. Meena has no objection if

this Court permits the petitioners to approach the Executing

Court by way of an appropriate application.

4. In view of the aforesaid, it is open for the petitioners

herein to approach the Executing Court by filing an

appropriate application seeking appropriate relief, as this Court

has neither gone into nor examined the merits of the matter.

5. Once, such an application is filed by the petitioners, the

Executing Court is directed to decide such application in

accordance with law, after giving an opportunity of hearing to

all the parties concerned.

6. With the aforesaid observation and direction, the present

application is disposed of as withdrawn. No order as to costs.

(MAULIK J.SHELAT,J) MOHD MONIS