Gujarat High Court
Sureshbhai Ravajibhai Patel Through ... vs Legal Heirs Of Deceased Bavalal ... on 14 October, 2025
NEUTRAL CITATION
C/SCA/14151/2025 ORDER DATED: 14/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14151 of 2025
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SURESHBHAI RAVAJIBHAI PATEL THROUGH POA BHARATBHAI
SHANTILAL PATEL & ANR.
Versus
LEGAL HEIRS OF DECEASED BAVALAL GOBARBHAI PATEL & ORS.
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Appearance:
MR MANOJ S JOSHI(2961) for the Petitioner(s) No. 1,2
MR YH VYAS(1001) for the Petitioner(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 14/10/2025
ORAL ORDER
1. Learned Advocate Mr. Vedant Gaikwad seeks permission to
file his Vakalatnama on behalf of the respondent. Permission
as prayed for is granted. Registry to accept the same and place
it on record.
2. Heard learned Advocate Mr. Y. H. Vyas for the petitioners and
learned Advocate Mr. Vedant Gaikwad for respondent No.1.1
who appeared on advance copy.
3. At the outset, learned Advocate Mr. Vyas was candid in his
submissions that during the pendency of the present writ
NEUTRAL CITATION
C/SCA/14151/2025 ORDER DATED: 14/10/2025
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application, due to Jangam Warrant issued by the Executing
Court concerned, a banker's cheque of Rs.5,94,700/- has
already been deposited by way of banker's cheque dated 9th
October 2025, issued in favour of respondent No.1.1 herein.
3.1. So, learned Advocate Mr. Vyas would request this Court that
as Regular Civil Appeal challenging the judgment and decree
passed by the Trial Court is pending before the Appellate
Court concerned, such deposit of banker's cheque by the
petitioner due to honoring Jangam Warrant issued by the
Executing Court, may be considered subject to the final
outcome of such appeal.
4. Per contra, learned Advocate Mr. Gaikwad would submit that
he has no objection if such observation be made by this Court.
4.1. Learned Advocate Mr. Gaikwad would further state that in
pursuance to the execution proceedings, the possession of the
suit property has now been received by the plaintiff from the
defendant and the same may not be disturbed by the
defendant.
5. Having heard learned Advocates appearing for the respective
parties, it appears that during the pendency of the present writ
NEUTRAL CITATION
C/SCA/14151/2025 ORDER DATED: 14/10/2025
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application, due to Jangam Warrant issued against the present
petitioner being judgment debtor, a banker's cheque has been
issued by him in favour of respondent No.1.1 herein as
aforesaid. It is also not in dispute that Regular Civil Appeal
No.154 of 2023 is pending before the Appellate Court
concerned. So, in view of that, such deposit/payment of
banker's cheque by the petitioner in favour of respondent
No.1.1 would be subject to the final outcome of the aforesaid
appeal.
6. It is open for the petitioner herein to request the Appellate
Court to grant any stay against release of such amount and/or
on suitable conditions, respondent No.1.1 may be allowed to
enjoy such amount. As and when such application will be filed,
the Appellate Court concerned shall decide the same after
giving an opportunity of hearing to all the parties concerned in
the appeal. Nevertheless, it is hereby made clear that if
ultimately the petitioner succeeds in the aforesaid appeal, as per
Section 144 of the Code of Civil Procedure, 1908, the Appellate
Court shall pass an appropriate order in regards to the
aforesaid payment deposited/paid by the petitioner to
respondent No.1.1.
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C/SCA/14151/2025 ORDER DATED: 14/10/2025
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7. Before passing any relief in favour of the petitioner herein, the
Appellate Court shall grant full opportunity of hearing to both
the sides of the appeal.
8. In view of the aforesaid, the present writ application is disposed
of accordingly. No order as to costs. Direct service is
permitted.
(MAULIK J.SHELAT,J)
NILESH
