Gujarat High Court
Mandar (Thaltej) Complex Private ... vs Gohel Punjabhai Sodabhai on 1 May, 2025
NEUTRAL CITATION
C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12734 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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MANDAR (THALTEJ) COMPLEX PRIVATE LIMITED
Versus
GOHEL PUNJABHAI SODABHAI & ORS.
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Appearance:
MR AS VAKIL(962) for the Petitioner(s) No. 1
MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 1,4,5,6,7
MS RUMI M GANDHI(3472) for the Respondent(s) No. 1,4,5,6,7
NOTICE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 01/05/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Mr. Chinmay
M. Gandhi waives service of notice of rule on behalf of
respondent nos. 1, 4 to 7. Though served, none present for
respondent Nos. 2 and 3. However, their presence is not
required for adjudication of present petition.
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C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025
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2. The present writ application is filed under Article 227 of the
Constitution of India challenging the order dated 08.04.2023
passed by the learned Principal Senior Civil Judge, Sanand,
Ahmedabad below Application at Exh.51 filed on 20.03.2023 in
Regular Civil Suit No.22 of 2005.
3. The petitioner herein is the original defendant no. 1. It
further appears that, after restoring the suit to its file,
respondent nos. 4 to 7 herein to be joined in the suit filed an
application below Exhibit 51 on 20th March 2023, which came
to be allowed by the trial court vide its impugned order dated
8th April 2023. Being aggrieved and dissatisfied with the
impugned order, the present writ application has been filed.
4. At the outset, learned advocates appearing for the respective
parties have jointly submitted that, the impugned order may
be quashed and set aside and the matter may be remanded
back to the trial court to rehear and re-decide the impugned
application below Exhibit 51 by giving an opportunity of
hearing to all parties. It is further prayed that this Court
having quashed and set aside the order dated 16th February
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C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025
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2023 passed by the appellate court in Miscellaneous Civil
Appeal No. 4 of 2023, whereby the suit was restored back on
its file but which is now no longer it remained and having so
remanded said appeal back for its rehearing, until
Miscellaneous Civil Appeal No. 4 of 2023 is decided by the
appellate court, the impugned application filed below Exhibit
51 may be kept in abeyance by the trial court.
5. Heard learned advocates for the respective parties. When this
Court vide its order dated 1st May 2025 quashed and set aside
the order dated 16th February 2023 passed by the learned
Second Additional District and Sessions Judge, Ahmedabad in
Miscellaneous Civil Appeal No. 4 of 2023 in another writ
application filed by the petitioner being Special Civil
Application No. 12645 of 2023, the suit, which was ordered to
be restored back on its file, no longer remains. In that factual
position, it would not be appropriate for the trial court to
decide or proceed with the suit. At the same time, when said
order passed by appellate court is set aside and order passed
in the impugned application filed below Exhibit 51 by
respondent nos. 4 to 7 herein appears to have been passed
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without affording opportunity to petitioner and so jointly
submitted by learned advocate appearing for respective parties
to quash it, this Court would accede to such request.
6. Thus, in view of the aforesaid submissions and the order
dated 1st May 2025 passed by this Court in Special Civil
Application No. 12645 of 2023, the impugned order passed by
the trial court dated 8th April 2023 is hereby quashed and set
aside. The matter is remanded back to the trial court. The
impugned application filed by respondent nos. 4 to 7 below
Exhibit 51 is restored to its file in the suit. Nonetheless, The
trial court shall hear and decide afresh the impugned
application filed below Exhibit 51 in the event that the suit is
restored to its file if aforesaid appeal will be allowed by
appellate court but till such time, trial court is directed not to
proceed either with impugned application filed below Exhibit
51 or suit itself having yet to be restored back on its file.
7. As this Court has already quashed and set aside the order
dated 16th February 2023 passed by the appellate court in
Miscellaneous Civil Appeal No. 4 of 2023, thereby restoring the
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C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025
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suit to its original file, it is clarified that if ultimately
Miscellaneous Civil Appeal No. 4 of 2023 is allowed - resulting
in Regular Civil Suit No. 22 of 2005 being restored back to its
file - then the trial court shall re-adjudicate the impugned
application filed below Exhibit 51 after giving an opportunity
of hearing to all concerned parties and decide the same in
accordance with law.
8. In view of aforesaid, present petition is partly allowed to
aforesaid extent. Rule made absolute accordingly. No order as
to cost.
(MAULIK J.SHELAT,J)
DRASHTI K. SHUKLA
