Marukumbhar Govindbhai Manilal vs Marukumar Manilal Rambhai
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Gujarat High Court

Marukumbhar Govindbhai Manilal vs Marukumar Manilal Rambhai on 23 June, 2025

                                                                                                           NEUTRAL CITATION




                             C/SCA/8057/2025                                 ORDER DATED: 23/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 8057 of 2025

                      ==========================================================
                                           MARUKUMBHAR GOVINDBHAI MANILAL
                                                       Versus
                                           MARUKUMAR MANILAL RAMBHAI & ORS.
                      ==========================================================
                      Appearance:
                      MS TASNIM A ZABUAWALA(10756) for the Petitioner(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                       Date : 23/06/2025

                                                         ORAL ORDER

1. Heard learned advocate Mr.Tasnim A. Zabuawala for the

petitioner.

2. At the outset, learned advocate Mr.Zabuawala states that

due to inadvertence on the part of petitioner, instead of filing

an Appeal From Order, the present writ application is filed

against the impugned order, so he does not press the present

application with a liberty to file appropriate appeal before the

appropriate court.

3. Prima facie, considering the operative portion of

impugned judgment and order passed by the District Court

concerned, whereby, it has remanded the matter back to the

Trial Court while exercising its power under Order XLI Rule 23

NEUTRAL CITATION

C/SCA/8057/2025 ORDER DATED: 23/06/2025

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(A) of the Civil Procedure Code, 1908 (for short "CPC"), an

Appeal From Order under Order XLIII Rule 1(u) of CPC would

lie.

4. Considering the aforesaid request made by learned

advocate Mr.Zabuawala, it appears reasonable and requires

acceptance.

5. It is open for the petitioner to file an appropriate appeal

before the appropriate Court challenging the very some

judgment challenged in the present writ application.

6. It is made clear that this Court had neither gone into nor

examined the merits of the matter.

7. In view of the above, the present writ application is

disposed of as withdrawn with the liberty as aforesaid. No

order as to costs.

(MAULIK J.SHELAT,J) MOHD MONIS