Gujarat High Court
Heirs Of Decd Rameshbhai A Jogadia vs Bhavnagar District Co-Operative Bank ... on 15 July, 2025
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C/SCA/7101/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7101 of 2025
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HEIRS OF DECD RAMESHBHAI A JOGADIA & ORS.
Versus
BHAVNAGAR DISTRICT CO-OPERATIVE BANK LIMITED & ORS.
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Appearance:
JENIL M SHAH(7840) for the Petitioner(s) No. 1,1.1,1.2
SAMEE A URAIZEE(7747) for the Petitioner(s) No. 1,1.1,1.2
MR CHIRAG B PATEL(3679) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 15/07/2025
ORAL ORDER
1. Heard learned senior advocate Mr. Mehul S. Shah with
learned advocate Mr. Samee A. Uraizee for the petitioners
and learned advocate Mr. Chirag B. Patel for respondent
No.1. The presence of other respondents are not required.
2. The present writ application is filed under Article 227 of
the Constitution of India seeking following relief :-
"(a) YOUR LORDSHIPS may be pleased to issue a Writ of
Certiorari, or any other writ, order or direction in the nature of
Certiorari, quashing and setting aside the order dated 27-02-2025
(Annexure-G), rendered by the Court of the Principal Senior Civil
Judge, Bhavanagar district, below Application Exh. 225 in Special Civil
Execution No. 31/2002, by rejecting the Application Exh. 225 with
costs throughout;
(b) Pending admission, hearing and final disposal of the present
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Petition YOUR LORDSHIPS may be pleased to order stay of the
implementation, operation and execution of the Order dated 27-02-
2025 (Annexure-G), rendered by the Court of the Principal Senior Civil
Judge, Bhavanagar district, below Application Exh. 225 in Special Civil
Execution No. 31/2002;
(c) Costs of the present Petition may be awarded to the Petitioners
from the Respondents herein.
(d) Any other and / or further reliefs that may be deemed necessary
and expedient in the interest of justice."
3. At the outset, learned senior advocate Mr. Shah would
submit that as such the impugned order could not have been
passed in below Exh. 225 in Special Civil Execution No. 31 of
2002, inasmuch as the impugned application was filed below
Exh. 225 for issuance of fresh notice upon petitioners - legal
heirs of deceased defendant No.3, who requires to have
been joined as per application filed below Exh. 54 which is
still pending for its adjudication.
3.1 Nonetheless, learned senior advocate Mr. Shah would
candid in his submission that in the light of the operative
portion of the judgment and decree passed by the trial
Court, the legal heirs of deceased -defendant No.3 requires
to be joined in the pending execution.
3.2 Learned senior advocate Mr. Shah would submit that so
far as the joining of legal heirs of deceased defendant No.3 is
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concerned, under the instruction of his client, learned senior
advocate Mr. Shah does not have much grievance except to
state that once the petitioners being legal heirs of
defendant No.3 to be joined in the execution, all rights and
contentions available to the petitioners may be kept open
and to be decided by the Executing Court in the pending
execution including their liability to pay any decreetal
amount being legal heirs of deceased defendant No.3.
4. Per contra, learned advocate Mr. Chirag Patel for the
respondent would submit that as such petitioners requires
to be joined and correctly joined by executing Court thereby,
no serious error of law committed by the Court. He would
further submit that all rights and contentions of respondent
No.1 being decree holder also may be kept open and to be
deiced by the Executing Court in pending execution.
5. Having heard learned advocates for the respective
parties and after going through the impugned order, it
appears that the Executing Court ought to have joined legal
heirs of deceased -defendant No.3 in an application filed
below Exh. 54 instead of passing an order to that effect in an
impugned application filed below Exh. 225 which was only
filed for issuance of fresh notice.
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6. Be that as it may, without going into the technicality of
the matter as there is consensus ad-idem between the
parties, so far as impleadment of legal heirs of deceased -
defendant No.3 is concerned, the order impugned in the
present writ application is not disturbed.
7. Thus, in view of the aforesaid, the petitioners herein
are joined as legal heirs of deceased - defendant No.3 in
Special Civil Execution 31 of 2002 pending before the
Principal Senior Civil Judge, Bhavnagar. Consequently, an
application filed below Ex.54 in Special Civil Execution 31 of
2002 is hereby allowed. The Executing Court take note of it
in its record.
8. At the same time, it goes without saying that all rights
and contentions of the respective parties to the execution
proceedings are kept open and the petitioners herein who
are joined as legal heirs of defendant No.3 can file their
necessary objections if any and agitate all their contentions
available including liability under the law while defending
the aforesaid execution. At the same time, it is also open for
the decree holder to agitate all legal contentions available to
them. As the execution pending since 2002, executing Court
shall expedite its process of adjudication and complete it as
expeditiously as possible, albeit in accordance with law.
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9. With the aforesaid observation and discussion, the
present writ application is disposed of. No order as to costs.
(MAULIK J.SHELAT,J)
SALIM/
