Gujarat High Court
Kishorchand Ratilal Kapadia vs Rajendra Keshavlal Patel on 13 November, 2025
NEUTRAL CITATION
C/SA/183/2025 ORDER DATED: 13/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 183 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/SECOND APPEAL NO. 183 of 2025
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KISHORCHAND RATILAL KAPADIA
Versus
RAJENDRA KESHAVLAL PATEL & ORS.
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Appearance:
MR MJ MEHTA(5797) for the Appellant(s) No. 1
MR NANDISH H SHAH(11330) for the Appellant(s) No. 1
MR SAURABH J MEHTA(2170) for the Appellant(s) No. 1
BIREN J PANCHAL(9300) for the Respondent(s) No. 3,4,5
NILESHKUMAR R MANIYA(8978) for the Respondent(s) No. 3,4,5
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/11/2025
ORAL ORDER
1. It is admitted position that, the learned appellate passed
the judgment and decree in Regular Civil Appeal No.109 of 2017
in absence of the appellant. There is no bar in disposing the RCA
in absence of the appellant, but it should be dismissed for non-
prosecution as per Order XLI Rule 17 of the Code of Civil
Procedure, 1908, the Court should not rush to decide the matter
on merit without hearing the appellant.
2. Considering these legal aspects available on the appeal,
learned Senior Advocate Mr. H.M. Parikh assisted by learned
advocate Mr. M.J. Mehta for the appellant and learned Senior
Advocate Mr. Tolia, assisted by learned advocate Mr. Biren J.
NEUTRAL CITATION
C/SA/183/2025 ORDER DATED: 13/11/2025
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Panchal for the respondents, jointly submitted that for the
misconduct of the appellant for not being present before the
Court on 56 different dates, the cost is to be imposed upon the
appellant and the appeal is to be remanded back to the learned
appellate Court to decide it afresh in a time-bound manner.
3. Learned Senior Advocate Mr. Tolia has further shown his
apprehension that appellant may further drag the appeal
without remaining present in the appeal hearing.
4. Learned Senior Advocate Mr. H.M. Parikh, as against this
submission, would submit that on the first date which is to be
fixed for the appeal by this Court, the appellant shall remain
present for arguing the appeal on its own merit and shall not
seek any adjournment.
5. In the aforesaid circumstances, since the consensus has
been arrived at between the parties in regards to remanding the
matter back to the learned appellate Court for fresh hearing of
first appeal, the impugned judgment and decree passed in RCA
No.109 of 2017 is quashed and set aside on the consensus
without adverting to the merits thereon.
6. The appellant - Kishorchandra Ratilal Kapadia is saddled
with the cost of Rs.15,000/- to be paid to the District Legal
Service Authority, District Court, Surat, within 02 weeks from
today. Subject to payment of the costs, the appeal is restored to
the hearing before the Principal District Judge, Surat.
7. The appeal being Regular Civil Appeal No.109 of 2017 shall
be listed before the Principal District Judge, Surat on
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C/SA/183/2025 ORDER DATED: 13/11/2025
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24.11.2025. Both the parties are hereby directed to remain
present before the Principal District Judge, Surat for hearing of
the first appeal afresh. The learned Principal District Judge,
Surat shall decide the appeal within 06 weeks from 24.11.2025.
Both the parties, without seeking any adjournment, shall
proceed to argue the appeal on 24.11.2025 or as convenient to
the learned Principal District Judge, Surat.
8. Needless to state that this Court has not examined the
merits of the dispute between the parties. Both the parties would
be at liberty to raise all contentions, which they have kept
reserved.
9. The Registry is directed to intimate the passing of aforesaid
order to the learned Principal District Judge, Surat in advance
i.e. before 24.11.2025.
(J. C. DOSHI, J.)
Raj
