Gujarat High Court
Kamlesh Chimanbhai Patel vs Chandrakala Kamlesh Patel on 18 September, 2025
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C/SCA/10288/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10288 of 2025
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KAMLESH CHIMANBHAI PATEL
Versus
CHANDRAKALA KAMLESH PATEL
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 18/09/2025
ORAL ORDER
1. Heard learned senior advocate Mr.Asim Pandya with
learned advocate Mr.Shushil R. Shukla for the petitioner.
2. The present writ application is filed under Article 227 of
the Constitution of India seeking following relief:-
"a. This Hon'ble Court may be pleased to admit and allow present
petition:
b. This Hon'ble Court may be pleased to issue appropriate order,
direction or writ in the nature of certiorari quashing and setting
aside for issuance of a writ of certiorari or a writ in nature of
certiorari or any other appropriate writ, order or direction to quash
and set aside the Judgment and Order passed in Regular
Execution Petition No. 173 of 2022 and all subsequent proceeding
arising therefrom and to quash and set aside the order passed in
application below Exh 30 dated 23.01.2025 passed in Regular
Execution Petition No. 173 of 2022 [ANNEXURE A] and all
subsequent as well as consequential proceedings pending before
the Court of Learned 4th Additional Civil Judge, Nadiad pursuance
thereof as void ab initio, premature, null and is obtained by
mentioning incorrect facts by way of misrepresentation and for
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issuance of an order or writ in the nature of prohibition
permanently prohibiting/restraining the trial court from proceeding
with the Regular Execution Petition No. 173 of 2002 and all
subsequent as well as consequential proceedings pending before
the Court of Learned 4th Additional Civil Judge, Nadiad;
c. This Hon'ble Court may be pleased to issue appropriate order,
direction or writ in the nature of Prohibition restraining/prohibiting
permanently the 4 ^ (th) Additional Civil Judge, Nadiad from
executing or enforcing the orders passed in Regular Execution
Petition No. 173 of 2022 and be pleased to prohibit 4 ^ (th)
Additional Civil Judge, Nadiad from proceeding further with
Regular Execution Petition No. 173 of 2022 pending before it.
d. Pending admission, hearing and final disposal of the present
petition, this Hon'ble Court may be pleased to stay the
implementation, execution and operation order passed in
application below Exh 30 dated 23.01.2025 passed in Regular
Execution Petition No. 173 of 2022 [ANNEXUREA] and stay the
further proceedings of Execution Application No. 10 of 2013
pending before the 4 th Additional Civil Judge, Nadiad.;
e. Ex parte ad-interim relief in terms of Para - 9(d) may kindly be
granted;
f. This Hon'ble Court may be pleased to pass any other or further
relief(s) as may be deemed fit, just and proper in the interest of
justice."
3. After arguing for some time, under the instruction of his
clients, learned senior advocate Mr.Pandya does not invite
reasons in the matter with a liberty to file an appropriate
application before the Trial Court concerned, wherein, the
petitioner herein wants to agitate the issue as regards non-
service of summons/ notice in the execution petition and there
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is non-disclosure of true, correct and complete fact in regard
to the settlement arrived between the parties by the applicant
of execution petition i.e., respondent herein.
4. Permission, as sought for, is granted.
5. It is open for the petitioner to file an appropriate
application seeking appropriate relief as regard to non-service
of summons/ notice in the execution proceeding and so also,
putting the facts that there would be non-disclosure of true,
correct and complete fact in regard to the order of settlement
between the parties by the applicant of execution petition i.e.,
respondent herein between the parties along with the order
passed on such settlement.
6. As and when such application will be filed by the
petitioner, after giving liberty of hearing to the other side, the
Executing Court shall decide such application as expeditiously
as possible keeping in mind the fact that property, which is
attached by the Trial court is put to auction.
7. It goes without saying that such application requires to
be independently examined by the Executing Court in
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accordance with law.
8. If is further made clear that this Court has neither gone
nor examined the merits of the matter.
9. It is also open for the petitioner to request the Executing
Court to defer the auction proceeding.
10. With the aforesaid observation, the present writ
application is disposed of as not pressed. No order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J)
MOHD MONIS
