Satwara Motibhai Dahyabhai Dabhi vs Satwara Dahyabhai Keshabhai Dabhi
2026 Latest Caselaw 472 Guj

Gujarat High Court

Satwara Motibhai Dahyabhai Dabhi vs Satwara Dahyabhai Keshabhai Dabhi on 10 February, 2026

                                                                                                               NEUTRAL CITATION




                             C/SCA/14951/2017                                   ORDER DATED: 10/02/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 14951 of 2017

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                                         SATWARA MOTIBHAI DAHYABHAI DABHI
                                                      Versus
                                      SATWARA DAHYABHAI KESHABHAI DABHI & ORS.
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                       Appearance:
                       MR ASHISH H SHAH(2142) for the Petitioner(s) No. 1
                       MR JIGAR M PATEL(3841) for the Respondent(s) No. 4.1,4.2,4.3,4.4
                       NOTICE SERVED for the Respondent(s) No. 2,3
                       MR ANSHIN DESAI, SR COUNSEL with SHRINEEL M SHAH(9374) for the
                       Respondent(s) No. 1,5
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                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 10/02/2026

                                                             ORAL ORDER

1. Heard learned advocates for the respective parties and perused the record.

2. At the outset, learned advocate for the petitioner contended that Regular Civil Suit No.487 of 2001 was filed by the petitioner for a relief of partition of properties mentioned in paragraph No.12 of the suit. The said suit came to be withdrawn by plaintiff on 15.6.2009. Thereafter, an application under Section 151 of the Code of Civil Procedure was filed by the plaintiff for restoration of the suit. The said application came to be dismissed by learned trial Court vide order dated 16.6.2016. Thereafter, the brother of petitioner - plaintiff filed another suit bearing Special Civil Suit (Old) No.127 of 2006 (New Number 18 of 2013) for the relief of partition of the same properties. The said suit is pending. In the said suit, petitioner is also a defendant and is contesting the suit.

3. Considering the aforesaid position, it appears that the present petitioner as well as his brother who is respondent No.4/1 to 4/4 herein are praying for partition of the properties mentioned in paragraph No.12 of the suit.

4. Since the issue of partition is common in both the proceedings, it is not necessary to revive the Regular Civil Suit (Old) No.487 of

NEUTRAL CITATION

C/SCA/14951/2017 ORDER DATED: 10/02/2026

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2001 and the present petitioner is permitted to take all available legal contentions in Special Civil Suit (Old) No.127 of 2006 (New Number 18 of 2013). It is made clear that contentions of all the parties are left open to be adjudicated in Special Civil Suit (Old) No.127 of 2006 (New Number 18 of 2013).

5. With the above observations, the petition stands dismissed. No order as to costs.

(D. M. DESAI,J) vk