Parshottambhai Prabhudas Patel vs Nanalal Mohanlal Patel
2025 Latest Caselaw 6795 Guj

Gujarat High Court

Parshottambhai Prabhudas Patel vs Nanalal Mohanlal Patel on 19 September, 2025

                                                                                                               NEUTRAL CITATION




                              C/SA/24/2022                                     ORDER DATED: 19/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/SECOND APPEAL NO. 24 of 2022

                                                          With
                                       CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                                            In R/SECOND APPEAL NO. 24 of 2022
                      ==========================================================
                                             PARSHOTTAMBHAI PRABHUDAS PATEL
                                                         Versus
                                              NANALAL MOHANLAL PATEL & ANR.
                      ==========================================================
                      Appearance:
                      MR DIPAN DESAI(2481) for the Appellant(s) No. 1
                      MR. ARCHIT P JANI(7304) for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                           Date : 19/09/2025

                                                             ORAL ORDER

1. In view of the fact that the Second Appeal is filed challenging the order passed under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Acts (Amendment) Act,1961 under Section 29 of the said Act, the revision application is maintainable.

2. In view of the said fact, the petitioner seeks liberty of this Court to withdraw the present Second Appeal with liberty to file Civil Revision Application challenging the said judgment and decree passed by the Trial Court and confirmed by the Appellate Court. While deciding the said Civil Revision Application, the delay in preferring the Second Appeal be taken into consideration under Section 14 of the Limitation Act.

                                                                                                                NEUTRAL CITATION




                              C/SA/24/2022                                     ORDER DATED: 19/09/2025

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3. Moreover, in view of the fact that the Coordinate Bench by an order dated 24.01.2022 had granted stay of the order passed by the First Appellate Court and the said order is continued till today, liberty to file the Civil Revision Application is granted.

4. With the aforesaid liberty, the present Second Appeal is permitted to be withdrawn and is disposed of accordingly. In view of the fact that this Court had granted stay, till the time the present appellant files Civil Revision Application, the stay granted earlier to continue for the period of two weeks. In view of the disposal of the main matter, the connected Civil Application does not survive and the same is accordingly disposed of.

(SANJEEV J.THAKER,J) URIL RANA