Koli Ranmalbhai Mandabhai Vaghela vs Mer Sajanbhai Rambhai Odedara
2025 Latest Caselaw 4985 Guj

Gujarat High Court

Koli Ranmalbhai Mandabhai Vaghela vs Mer Sajanbhai Rambhai Odedara on 20 June, 2025

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                              C/SCA/7994/2025                                    ORDER DATED: 20/06/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                       R/SPECIAL CIVIL APPLICATION NO. 7994 of 2025

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                                            KOLI RANMALBHAI MANDABHAI VAGHELA
                                                          Versus
                                              MER SAJANBHAI RAMBHAI ODEDARA
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                       Appearance:
                       MR. JAY M THAKKAR(6677) for the Petitioner(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                        Date : 20/06/2025

                                                            ORAL ORDER

1. Heard learned advocate Mr.Jay M. Thakkar for the

petitioner.

2. At the outset, learned advocate Mr.Thakkar would submit

that as such, the petitioner is not having any grievance of

granting an order of status quo, which was already passed in

his favour during pendency of suit instituted by petitioner but

in light of stay granted by the Appellate Court, whereby, it

has stayed the judgment and decree passed by Trial court, the

same may be misconstrued by respondent, whereby, it may

create difficulty for the petitioner.

3. Prima facie, such observation is misconceived and

inasmuch as it has been so observed by Appellate Court in

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C/SCA/7994/2025 ORDER DATED: 20/06/2025

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para 10 of order impugned in the present writ application that

while exercising the discretion, the Appellate Court has also

observed that let status quo be maintained as regards to suit

property. Nonetheless, while in operative portion, it has stayed

the judgment and decree passed by Trial Court.

4. Further, it can be noticed that while granting injunction

application filed by the petitioner pending his suit, the Trial

Court has also granted an order of status quo vide its order

dated 08.05.2024, which was operated all throughout. When

the suit came to be decreed in favour of petitioner - plaintiff

and in a case where such judgment and decree passed by Trial

Court is stayed, then also, with the aforesaid observation made

by Appellate Court itself and the order of status quo granted

by Trial court operating in favour of plaintiff during the

pendency of suit would continue till disposal of the appeal.

5. At this stage, in view of the aforesaid observation made

by this Court, learned advocate Mr.Thakker, under the

instruction of his client, does not invite any further reasons in

the matter and not press the present writ application with a

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C/SCA/7994/2025 ORDER DATED: 20/06/2025

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liberty to file afresh in case of difficulty.

6. The request, made by learned advocate Mr.Thakkar,

appears reasonable, requires acceptance.

7. In view of the aforesaid observation and the request of

learned advocate Mr.Thakkar, the present writ application is

disposed of as withdrawn. No order as to costs.

(MAULIK J.SHELAT,J) MOHD MONIS