Vaghabhai S/O Khodabhai Bharvad vs Vallabhbhai S/O Kalyanjibhai Patel ...
2025 Latest Caselaw 6749 Guj

Gujarat High Court

Vaghabhai S/O Khodabhai Bharvad vs Vallabhbhai S/O Kalyanjibhai Patel ... on 18 September, 2025

                                                                                                            NEUTRAL CITATION




                             C/SCA/12961/2025                                ORDER DATED: 18/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 12961 of 2025

                      ==========================================================
                                      VAGHABHAI S/O KHODABHAI BHARVAD
                                                     Versus
                           VALLABHBHAI S/O KALYANJIBHAI PATEL THROUGH POA UDAYBHAI
                                          S/O VALLABHBHAI MORI & ORS.
                      ==========================================================
                      Appearance:
                      A A DAUDIVHORA(7516) for the Petitioner(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                         Date : 18/09/2025

                                                           ORAL ORDER

1. Heard learned advocate Mr. A. A. Daudivhora for the

petitioner.

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

learned Advocate Mr. Daudivhora does not press the present

writ application with a liberty to avail an alternative efficacious

remedy available at law to the petitioner by filing Regular Civil

Appeal under Section-96 read with Order 41 of the Civil

Procedure Code, 1908 to challenge the impugned judgment and

decree passed by the Trial Court.

3. Permission as sought for is granted.

NEUTRAL CITATION

C/SCA/12961/2025 ORDER DATED: 18/09/2025

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4. It is open for the petitioner to file an appropriate Regular Civil

Appeal before the Appellate Court concerned challenging the

judgment and decree dated 31/07/2017 passed by 3 rd Additional

Senior Civil Judge, Bhavnagar in Regular Civil Suit No.682 of

2014. As and when such appeal will be filed, the Appellate

Court shall decide the same in accordance with law.

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

examined the merits of the matter.

6. With the aforesaid and reserving the liberty in favour of the

petitioner, the present writ application is disposed of as

withdrawn. No order as to costs.

(MAULIK J.SHELAT,J)

NRP