Hansaben Wd/O Natvarbhai Becharbhai vs Savitaben D/O Jivanbhai Bhanabhai ...
2025 Latest Caselaw 6746 Guj

Gujarat High Court

Hansaben Wd/O Natvarbhai Becharbhai vs Savitaben D/O Jivanbhai Bhanabhai ... on 18 September, 2025

                                                                                                       NEUTRAL CITATION




                             C/SCA/13039/2025                           ORDER DATED: 18/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                     R/SPECIAL CIVIL APPLICATION NO. 13039 of 2025
                      ==========================================================
                               HANSABEN WD/O NATVARBHAI BECHARBHAI & ORS.
                                                   Versus
                         SAVITABEN D/O JIVANBHAI BHANABHAI PATEL AND W/O SUKABHAI
                                            RANCHHODBHAI PATEL
                      ==========================================================
                      Appearance:
                      MR VISHAL B MEHTA(5319) for the Petitioner(s) No. 1,2,3
                      ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
                                          Date : 18/09/2025
                                           ORAL ORDER

1. Heard learned advocate Mr.Vishal B. Mehta for the

petitioners.

2. After arguing for some time, under the instruction of his

clients, learned advocate Mr.Mehta does not invite reasons

inasmuch as it has been pointed out to learned advocate

Mr.Mehta that while rejecting the impugned application below

Exh.127 filed by the petitioners herein, the Trial Court very

much observed in its impugned order that to overcome any

prejudice caused to the parties, the Regular Civil Suit No.12 of

2012 in question be heard along with Regular Civil Appeal

No.14 of 2016, wherein, Will in question is already exhibited.

3. In light of the above, learned advocate Mr.Mehta, under

the instruction of his clients, does not press the present writ

NEUTRAL CITATION

C/SCA/13039/2025 ORDER DATED: 18/09/2025

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application.

4. Nonetheless, he would request this Court that the Trial

Court may be advised/directed to decide both the suits

together to avoid any contrary judgment / any prejudice

caused to any of the parties to the suit, who are common.

5. It goes without saying and as such, observed by the Trial

Court vide its impugned order dated 25.07.2025 that both the

aforesaid suits were heard together for its decision, thereby, no

prejudice would cause to the parties, who are common in both

the suits.

6. As the suit appears to be at the final hearing stage, the

parties to the suit shall extend their cooperation and support

to the Trial Court, thereby, it can be heard and decided

together in accordance with law.

7. In view of the aforesaid observation, the present writ

application is disposed of as withdrawn. No order as to costs.

8. Direct service is permitted.

(MAULIK J.SHELAT,J) MOHD MONIS