Gujarat High Court
Parvatiben Ramanbhai Patel D/O ... vs Jikar Allarakha Saiyed on 30 September, 2025
NEUTRAL CITATION
C/FA/2904/2024 JUDGMENT DATED: 30/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2904 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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PARVATIBEN RAMANBHAI PATEL D/O CHHANABHAI PATEL & ORS.
Versus
JIKAR ALLARAKHA SAIYED
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Appearance:
MR APURVA R KAPADIA(5012) for the Appellant(s) No. 1,2,3
MR MAHINKHAN H PATHAN(13814) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 30/09/2025
ORAL JUDGMENT
1. The present first appeal is filed under Section 96 of the
Code of Civil Procedure by appellant-original defendant against
the judgment and decree dated 15.06.2024 passed by the learned
Additional Senior Civil Judge, Vapi in Special Civil Suit No.1
of 2024.
2. Heard learned advocate Mr. Apurva R. Kapadia for the
appellants and learned advocate Ms. Tejal Vashi with learned
advocate Mr. M. H. Pathan for the respondent.
NEUTRAL CITATION
C/FA/2904/2024 JUDGMENT DATED: 30/09/2025
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3. Learned advocate for the appellants has contended that the
respondent-original plaintiff had filed a suit for declaration and
possession of the land in question. The plaint came to be
presented on 12.01.2024, and summons of the suit came to be
served upon the appellant-defendant on 19.03.2024. However,
on 15.04.2024 and 08.05.2024, learned advocate for the
original-defendant remained absent, and therefore, on
11.06.2024, plaintiff moved an application Exhibit-14 for
closing the right to file Written Statement as well as an
application under Order 8 Rule 10 of Code of Civil Procedure.
On the same day, i.e., on 11.06.2024, the learned trial Court
allowed both applications and passed the impugned judgment
and decree. It is contended that appellant has good case on facts
as well as on law and therefore, an opportunity be given to the
appellant to contest the suit by filing written statement and
documents in support of Written Statement. It is further
contended that due to lack of knowledge, defendant could not
instruct learned advocate for preparing written statement, and
NEUTRAL CITATION
C/FA/2904/2024 JUDGMENT DATED: 30/09/2025
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therefore, the Written Statement could not be filed within a
period of 30 days from the date of service of summons. Except
above, no other submissions are made by learned advocate for
the appellants.
4. Per contra, the learned advocate for the respondent-
plaintiff has placed on record an email communication as well
as a copy of WhatsApp communication, which are placed on
record. It is submitted that the plaintiff who is represented by his
power of attorney holder-Prakash Rasiklal Patel, has no
objection if the judgment and decree in question is set aside and
the suit may be remanded back for trial on merits. Except above,
no other submissions are made by learned advocate for the
respondent.
5. Considering the submissions made by learned advocates
for the respective parties and consensus being arrived at and
more particularly in view of the written consent placed on
record in remanding back matter to learned trial Court, the
NEUTRAL CITATION
C/FA/2904/2024 JUDGMENT DATED: 30/09/2025
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judgment and decree dated 15.06.2024 passed below Exhibit-1
and Exhibit-15 by the learned Additional Senior Civil Judge,
Vapi in Special Civil Suit No.1 of 2024 is hereby quashed and
set aside. Special Civil Suit No.1 of 2024 is restored to its
original file. The appellant-defendant shall file Written
Statement within a period of one month from the date of this
order and the same may be taken on record and exhibited.
Learned trial Court is directed to decide the suit strictly on
merits and without being influenced by the observations made
hereinabove. Accordingly, the First Appeal is allowed.
(D. M. DESAI,J)
RINKU MALI
