Gujarat High Court
Keshubhai Mohanbhai Patel vs Manharlal Ratilal Bachkaniwala on 26 September, 2025
NEUTRAL CITATION
C/SCA/3135/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3135 of 2025
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KESHUBHAI MOHANBHAI PATEL
Versus
MANHARLAL RATILAL BACHKANIWALA & ORS.
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Appearance:
MR JAMSHED KAVINA(11236) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MS LIPEE D DAVE(12327) for the Respondent(s) No. 1,3,4,5,6
NOTICE SERVED BY DS for the Respondent(s) No. 10,8,9
REFUSED SERVED (N)(10) for the Respondent(s) No. 11,12,7
UNSERVED EXPIRED (N) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 26/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. S. P. Majmudar with learned
Advocate Mr. Jamshed Kavina on behalf of the petitioner and
learned Senior Counsel Mr. Dhaval C. Dave with learned
Advocate Mr. Udit Vyas for learned Advocate Ms. Lipee D.
Dave on behalf of respondent Nos. 1, 3 to 6.
2. After arguing for some time, learned Advocate Mr. Majmudar,
under the instructions of his client, does not press the present
writ application with a liberty to lead appropriate evidence for
exhibiting two sets of documents i.e. the complete set of the
NEUTRAL CITATION
C/SCA/3135/2025 ORDER DATED: 26/09/2025
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FSL report and Will in question alleged to have been executed
by father of the plaintiff.
3. Per contra, learned Senior Counsel Mr. Dave would not have
any objection if such recourse is granted subject to all the
objections and contentions to be raised by his client before the
Trial Court where such evidence is led by the petitioner herein.
4. Permission as sought for is hereby granted. It is open for the
petitioner herein to lead appropriate evidence, including oral
evidence to prove two sets of documents i.e. the complete FSL
report and the alleged Will of father of plaintiff.
5. So far as other documents which are given tentative exhibits,
their effect will be taken care of by the Trial Court at the time
of final decision of the lis between the parties and it requires to
consider the observation/direction earlier issued by this Court
vide its oral judgment/order dated 1st September 2008 passed
in Special Civil Application No. 10858 of 2008 modified vide
order dated 16th April 2010 in Miscellaneous Civil Application
(For Review) No. 579 of 2010. So far as the release deed in
question is concerned, it would be governed by observations
and directions issued by this Court vide its order dated 4th
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C/SCA/3135/2025 ORDER DATED: 26/09/2025
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October 2010 passed in Special Civil Application No. 14472 of
2008.
6. In light of the aforesaid observations and reserving liberty in
favour of the petitioner and so also permitting the original
plaintiff to object and raise grievance as and when such
occasion arises, the present writ application is disposed of as
withdrawn. No order as to costs.
(MAULIK J.SHELAT,J)
NRP
