Gujarat High Court
Vishnuji Shankerji Thakore vs Prakashbhai Mangaldas Prajapari on 3 October, 2025
NEUTRAL CITATION
C/SCA/13600/2025 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13600 of 2025
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VISHNUJI SHANKERJI THAKORE
Versus
PRAKASHBHAI MANGALDAS PRAJAPARI
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Appearance:
MR ANIL C THAKORE(2324) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 03/10/2025
ORAL ORDER
1. Heard the learned counsel Mr.Anil C. Thakore for the
petitioner. The present application is filed under Article 226 of
the Constitution of India seeking following reliefs:-
"A. Your Lordships may be pleased to admit and allow this Special
Civil Application.
B.Your Lordships may be pleased to issue a writ of mandamus or
any other appropriate direction to the District Court, Gandhinagar
in RCA No.22/21 for deciding the final judgment in the above
appeal in accordance with law and evidence on record with
appropriate time limit in the interest of justice.
C. Pending hearing and final disposal fo the petition Hon'ble Court
may be pleased to grant the ad interim stay against the judgment
and decree in Regular Civil Suit No.212/2013 passed by the
Ld.Trial Court Judge for implementation, operation and execution
till the final decision of the Regular Civil Appeal No.22/21 in the
interest of justice.
D. To grant such other and further relief that may be deemed fit
and proper in the facts and circumstances of the case in the
interest of justice;"
NEUTRAL CITATION
C/SCA/13600/2025 ORDER DATED: 03/10/2025
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2. At the outset, learned advocate Mr.Thakore would
submit that present petitioner herein is the original appellant
of the Regular Civil Appeal No.22 of 2021 pending before the
District Court, Gandhinagar and despite a pursis filed below
Exhibit '19' on 18.10.2024, learned advocates appearing for
the respective parties have declared it that no further
arguments will be submitted. As both the sides have
submitted their written arguments, despite that, the Appellate
Court concerned is not finally deciding the aforesaid appeal.
3. Learned advocate Mr.Thakore would humbly request
this Court that appropriate directions be issued to the
Appellate Court to decide aforesaid appeal as expeditiously as
possible.
4. Prima facie, after going through the present writ
application and so also the documents submitted along with it,
more particularly, pursis dated 18.10.2024 jointly submitted
by the learned advocates for the respective parties below
Exhibit '19' in above referred appeal, pending before District
Court, Gandhinagar, it seems that such appeal was pending
for final adjudication since October-2024, wherein the learned
advocates appearing for respective parties have jointly
declared that they are not intending to submit any oral
arguments. If it be so, there is no reason for Appellate Court
not to decide and adjudicate aforesaid appeal.
5. At the same time, if any further assistance requires on
the part of the Appellate Court concerned before delivering
judgment in the appeal, it is always open for the Court
concerned to call upon the learned advocates.
NEUTRAL CITATION
C/SCA/13600/2025 ORDER DATED: 03/10/2025
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6. In any case, when a year is passed from submission of
written arguments, the Appellate Court is hereby directed to
decide and adjudicate the Regular Civil Appeal No.22 of 2021
as early as possible preferably on or before 31.01.2026. If so
required, it is open for the Appellate Court to call upon the
learned advocates for the respective parties for further
assistance before passing final judgment.
7. With the aforesaid observations and directions, the
present writ application is disposed of, accordingly.
Direct Service permitted.
(MAULIK J.SHELAT,J)
SAHIL S. RANGER
