L H Of Late Laljibhai Ramjibhai Chavda vs Jivuben Dayabhai Chavda
2025 Latest Caselaw 6563 Guj

Gujarat High Court

L H Of Late Laljibhai Ramjibhai Chavda vs Jivuben Dayabhai Chavda on 12 September, 2025

                                                                                                            NEUTRAL CITATION




                           C/SCA/12763/2025                                  ORDER DATED: 12/09/2025

                                                                                                            undefined




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/SPECIAL CIVIL APPLICATION NO. 12763 of 2025

                      ==========================================================
                                   L H OF LATE LALJIBHAI RAMJIBHAI CHAVDA & ORS.
                                                                 Versus
                                              JIVUBEN DAYABHAI CHAVDA & ORS.
                      ==========================================================
                      Appearance:
                      MR. AJIT S NAIR(10802) for the Petitioner(s) No.
                      1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9,2
                      MR. DHAVAL TRIVEDI, ASSISTANT GOVERNMENT PLEADER for the
                      Respondent(s) No. 8
                      ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                         Date : 12/09/2025

                                                          ORAL ORDER

1. Heard learned Advocate Mr. Ajit S. Nair for the petitioners

and learned Assistant Government Pleader Mr. Dhaval U.

Trivedi for respondent No.8.

2. Learned A.G.P. Mr. Trivedi drawn the attention of this Court

that the judgment and decree passed by the Appellate Court

concerned, impugned in the present writ application, requires

to be challenged by way of second appeal under Section-100 of

the Code of Civil Procedure, 1908. As such, it would not be

appropriate to file an application under Article 227 of the

NEUTRAL CITATION

C/SCA/12763/2025 ORDER DATED: 12/09/2025

undefined

Constitution of India, on noticing such fact, under the

instructions of his client, learned Advocate Mr. Nair would

request this Court to permit the petitioners to withdraw the

present writ application with liberty to file an appropriate

second appeal before this Court under Section-100 of C.P.C.,

whereby, petitioners can challenge the impugned judgment and

decree dated 29/03/2025 passed by the Principal District Judge,

Botad in Regular Civil Appeal No.17 of 2019.

3. Permission as sought for is granted. It is open for the

petitioners to challenge the impugned judgment and decree

dated 29/03/2025 passed by the Principal District Judge, Botad

in Regular Civil Appeal No.17 of 2019.

4. It is made clear that this Court has neither gone into nor

examined the merits of the matter.

5. The Registry shall return the certified copy of the judgment and

decree impugned in the present writ application passed by the

Appellate Court concerned to the learned Advocate for the

petitioners by taking its xerox copy for the record.

6. It goes without saying that petitioners, while filing delay

application in such second appeal, can claim the benefit of

NEUTRAL CITATION

C/SCA/12763/2025 ORDER DATED: 12/09/2025

undefined

Section-14 of the Limitation Act, 1963.

7. With the aforesaid observations, reserving liberty in favor of

the petitioners, the present writ application is disposed of as

withdrawn. No order as to costs.

(MAULIK J. SHELAT, J) Nilesh