Gujarat High Court
Jentibhai Lavjibhai Thumar vs Chetan Jayantibhai Dhol on 10 July, 2025
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C/SCA/9250/2025 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9250 of 2025
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JENTIBHAI LAVJIBHAI THUMAR
Versus
CHETAN JAYANTIBHAI DHOL & ANR.
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1
MR PARESH C KHANDHADIA(12236) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 10/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Mehul Sharad Shah with
learned advocate Mr.Paresh C. Khandhadia for the petitioner.
2. The present writ petition is filed under Article 227 of the
Constitution of India seeking following reliefs :
A) To admit and allow this petition;
B) to issue a writ of certiorari and/or any other
appropriate writ, order or direction in the nature of
certiorari, quashing and setting aside the order dated
30.4.2025, passed below Exh. 12 in Execution Petition
No. 3 of 2023 (Annexure-I) and thereby be further pleased
to set aside the sale deed dated 6.5.2025 executed by the
Court Commissioner in favour of original plaintiffs
(Annexure-J) and be further pleased to direct respondents
herein-original plaintiffs to restore the original petition of
the suit land.
C) Pending admission, hearing and/or final disposal of
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C/SCA/9250/2025 ORDER DATED: 10/07/2025
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this petition as well as Regular Civil Appeal No. 6 of 2025
before the learned Additional District Judge, Rajkot at
Gondal, your lordships may be pleased to stay the further
proceedings of the Execution Petition No. 3 of 2023 til the
RCA No. 6 of 2025 along with the stay application moved
therein is heard and decided by the learned Additional
District Judge, Rajkot at Gondal.
D) Pending admission, hearing and/or final disposal of
this petition. Your Lordships may be pleased to direct the
respondents to maintain status quo qua the suit land and
thereby be pleased to restrain the respondents from
entering into any further transactions qua the suit land.
3. At the outset, learned counsel Mr.Shah would submit that
First Appeal, which has been filed against the judgment and
decree passed by the Trial Court, is going to be listed tomorrow
and considering the fact that in execution, sale deed of land in
question was executed in favour of the original plaintiff may now
press for the possession of the suit land from the petitioner,
thereby, a need arise to approach this Court for appropriate relief.
3.1 Learned counsel Mr. Shah would submit that as such the
decree passed by the Trial Court was timely challenged before the
District Court but due to some reason and there was some defect
in the appeal, it was withdrawn and filed along with delay
application, which resulted in non-adjudication of appeal on its
merits.
3.2 Nonetheless, District Court is required to consider the
appeal of the petitioner at the earliest whereby it may be directed
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to decide Appeal/stay application filed in it.
3.3 Making the above submission, learned counsel Mr. Shah
would request this Court to issue appropriate direction to District
Court for expedite hearing of the appeal/stay application.
4. Prima facie, after hearing learned advocate Mr. Shah at
length and after going through the averments made in the petition
and the documents which are annexed therewith including the
judgment and decree passed by the Trial Court and having so
noticed that such decree was partially implemented, thereby, there
was an execution of sale deed in relation to suit land in question,
which had already taken place, it would be appropriate to direct
the Appellate Court to decide Injunction Application filed by the
petitioner herein at the earliest to avoid any further multiplicity in
the proceedings.
5. According to this Court, at this stage, following direction can
be passed:-
5.1 The Appellate Court is hereby directed to hear and decide
Injunction Application filed in Regular Civil Appeal No. 6 of 2025
pending before Additional District Judge, Rajkot at Gondal, at the
earliest, preferably on the next date of hearing i.e. 11.07.2025.
5.2 It is open for the petitioner- appellant of the aforesaid appeal
to request Appellate Court to pass any ad interim order, if
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required, in the matter.
5.3 Appellate Court is hereby directed to give reasonable
opportunities for all the parties concerned and decide such
Injunction Application so filed in the aforesaid appeal, at the
earliest, preferably within three months from today.
5.4 Such adjudication of stay application be decided without
being influenced by any of the observations so made by this Court
in the present order but have to decide it in accordance with law.
5.5 It is open for the petitioner to request the Appellate Court to
pass an appropriate order including seeking adjournment before
the Executing Court in relation to prayer made by the applicant of
such Execution Application seeking possession of suit property. If
Appellate Court could not be in position to pass any order in the
Injunction Application tomorrow, atleast, Appellate Court can
grant such liberty to the petitioner to seek adjournment before the
Executing Court as it is reported that Special Execution
Application No. 3 of 2023 is also fixed for tomorrow before the
Executing Court at Gondal.
6. At this stage, this Court would not like to pass any further
order on merit of the matter but it would be expected from the
Appellate Court to pass an appropriate order in the Appeal/stay
application, which is pending before it.
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7. This Court is also conscious of the fact that such aforesaid
direction is passed without issuing any Notice in the matter. If the
respondents are aggrieved by the aforesaid directions, it would be
open for the respondent to file an appropriate application before
this Court within period of 15 days from the date of receipt of the
copy of this order.
8. It is further made clear that this Court has neither gone into
nor examined the merit of the matter except the facts, which are
germane, is recorded hereinabove.
9. With the aforesaid observations and directions, the present
writ petition is disposed of. No order as to costs.
10. Direct Service is permitted today.
(MAULIK J.SHELAT,J)
MARY VADAKKAN
