Gujarat High Court
Mohini Khemchand Gulbani vs Devendrabhai Ganpatbhai Malhotra on 17 June, 2025
NEUTRAL CITATION
C/SCA/7245/2025 ORDER DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7245 of 2025
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MOHINI KHEMCHAND GULBANI
Versus
DEVENDRABHAI GANPATBHAI MALHOTRA
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Appearance:
MR.HIREN M MODI(3732) for the Petitioner(s) No. 1
MR BM MANGUKIYA(437) for the Respondent(s) No. 1
MS BELA A PRAJAPATI(1946) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 17/06/2025
ORAL ORDER
1. Rule returnable forthwith. Learned Advocate Mr. B. M.
Mangukiya waives service of rule on behalf of respondent. With the
consent of parties, the matter is taken up for final hearing.
2. Heard learned Advocate Mr. Hiren M. Modi for the petitioner
and learned Advocate Mr. B. M. Mangukiya for the respondent.
3. At the outset, learned Advocate Mr. Modi would submit that
the appeal which is filed by the petitioner herein is pending for its
final adjudication. The stay which has been prayed for has been
refused by the Appellate Court, thereby, it would cause great
hardship and inconvenience to the petitioner, as she is facing a
NEUTRAL CITATION
C/SCA/7245/2025 ORDER DATED: 17/06/2025
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decree of eviction.
4. Per contra, learned Advocate Mr. Mangukiya would submit
that petitioner is not holding any title over the property in question
and no error committed by the Appellate Court while refusing
injunction as prayed for.
5. Nonetheless, learned Advocate appearing for the respective
parties are at ad idem that if a reasonable condition of depositing
mesne profit be ordered, the stay which has been prayed for by
petitioner may be granted till the final adjudication of the appeal.
Further, the learned Advocates appearing for the respective parties
have also jointly requested this Court that such amount may be
fixed at Rs.25,000/- per month, to be deposited by the petitioner
between 1st to 5th of every month with the Appellate Court until the
appeal is finally adjudicated.
6. Lastly, learned Advocates appearing for the respective
parties jointly requested that the Appellate Court may be directed
to decide the appeal filed by the petitioner at the earliest.
7. After considering the submissions made and there is a
consensus between the respective learned Advocates upon the
instructions of their clients, it is desirable that the impugned
judgment and decree in the appeal is required to be stayed on the
following conditions.
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C/SCA/7245/2025 ORDER DATED: 17/06/2025
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(i) The petitioner is hereby directed to deposit a sum of
Rs.25,000/- between 1st to 5th of every month with the
Appellate Court, starting from July-2025, till the final
adjudication of her appeal. Meaning thereby, the petitioner
is required to deposit the first installment of Rs.25,000/-
starting from 1st July, 2025 to 5th July, 2025.
(ii) The Appellate Court is hereby requested to hear and decide
Regular Civil Appeal No.93/2023, after giving a reasonable
opportunity of hearing to all parties concerned, as
expeditiously as possible and preferably on or before 31 st
December, 2025, subject to getting co-operation from the
respective parties.
(iii) The mesne profit of Rs.25,000/- which is to be deposited by
the petitioner may be invested in a short-term fixed deposit.
If the petitioner ultimately succeeds in her appeal, the same
shall be refunded to the petitioner with accrued interest if
any.
(iv) In a case where petitioner loses her appeal, such amount of
mesne profit with accrued interest thereon, shall be paid to
the respondent-original plaintiff.
(v) If the petitioner fails to deposit such mesne profit as
stipulated hereinabove, the stay granted by this Court
whereby impugned judgment and decree is hereby stayed,
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C/SCA/7245/2025 ORDER DATED: 17/06/2025
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stands vacated automatically. Nonetheless, in a case of any
hardship, inconvenience or any exigency arise, it is open for
the petitioner to request the Appellate Court for extension of
time to deposit the amount beyond the 5 th of any month. In
that situation, it is open for the Appellate Court to consider
such a request after affording an opportunity of hearing to
all parties concerned.
8. The aforesaid conditions are stipulated by this Court without
prejudice to the rights and contentions of the respective parties. It
is made clear that without being influenced by the aforesaid
directions and any observations made by this Court, the Appellate
Court shall decide the appeal filed by petitioner in accordance with
law.
9. With the aforesaid observations and directions, the present
writ application is hereby partly allowed. Rule is made absolute to
the aforesaid extent.
(MAULIK J.SHELAT,J)
Nilesh
