Bhikhabhai Kumbhabhai Vaza ( Heirs Of ... vs Dahyabhai Hamabhai Vaza
2025 Latest Caselaw 7962 Guj

Gujarat High Court

Bhikhabhai Kumbhabhai Vaza ( Heirs Of ... vs Dahyabhai Hamabhai Vaza on 14 November, 2025

                                                                                                            NEUTRAL CITATION




                              C/SA/479/2025                                 ORDER DATED: 14/11/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/SECOND APPEAL NO. 479 of 2025

                                                          With
                                       CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                           In R/SECOND APPEAL NO. 479 of 2025
                      ==========================================================
                           BHIKHABHAI KUMBHABHAI VAZA ( HEIRS OF DECD. KUMBHBHAI
                                            KHIMABHAI ) & ORS.
                                                  Versus
                                      DAHYABHAI HAMABHAI VAZA & ORS.
                      ==========================================================
                      Appearance:
                      MR AMAR D MITHANI(484) for the Appellant(s) No. 1,2,3,4,5
                      MR HR PRAJAPATI(674) for the Respondent(s) No. 1,2,3,4,5,6,7,8
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 14/11/2025

                                                         ORAL ORDER

Learned advocates appearing for both sides have, in unison, consented to the remand of the First Appeal for a fresh adjudication. A joint request has further been made that the First Appeal be heard de novo by the learned Principal District Judge, Veraval, within a time-bound framework.

In view of the aforesaid consensual submissions, and sans entering into the merits of the lis, the judgment and order passed by the learned First Appellate Court in Regular Civil Appeal No.1 of 2023 are hereby quashed and set aside. The said Regular Civil Appeal No.1 of 2023 stands restored to the file of the learned Principal District Judge, Veraval, who shall proceed to decide the appeal afresh, after affording due and adequate opportunity of hearing to both sides, strictly in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of receipt of this order, and without being influenced

NEUTRAL CITATION

C/SA/479/2025 ORDER DATED: 14/11/2025

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by any observation contained herein.

All rival contentions of the parties are kept open, and both sides are at liberty to advance all permissible submissions before the learned First Appellate Court. It is made explicitly clear that this Court has not ventured into, nay, has consciously refrained from examining the merits of the matter.

In view of the above order, the Civil Application stands disposed of as not surviving.

(J. C. DOSHI,J) MANISH MISHRA