Lakhia Brothers A Partnership Firm ... vs Kashi Vishwanath Sanskrut ...
2026 Latest Caselaw 145 Guj

Gujarat High Court

Lakhia Brothers A Partnership Firm ... vs Kashi Vishwanath Sanskrut ... on 19 January, 2026

                                                                                                            NEUTRAL CITATION




                             C/SCA/16254/2025                                ORDER DATED: 19/01/2026

                                                                                                            undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                      R/SPECIAL CIVIL APPLICATION NO. 16254 of 2025
                       ================================================================
                       LAKHIA BROTHERS A PARTNERSHIP FIRM THROUGH ITS AUTHORISED
                                   SIGNATORY SAMIR SALIMBHAI PIPADWALA
                                                  Versus
                            KASHI VISHWANATH SANSKRUT MAHAVIDHYALAYA TRUST
                       ================================================================
                       Appearance:
                       S D MANSURI(7509) for the Petitioner(s) No. 1
                       MR KR BRAHMBHATT(203) for the Respondent(s) No. 1
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                      Date : 19/01/2026
                                                       ORAL ORDER

1. The present petition is filed under Section 226 of the

Constitution of India praying for following reliefs.

"(A) Your Lordships be pleased to admit and allow the present Application.

(B) Your Lordships be pleased to issue the writ or certiorari or any other writ or order or direction to the Ld. Appellate bench of Small Cause Court, Ahmedabad to hear the Regular Civil Appeal No.81 of 2017 after hearing the Delay Condonation application in Restoration application followed by restoration application since execution petition being EXE R/186/2025 is posted on 28/11/2025, within stipulated time in the interest of justice.

(C) Pending hearing and final disposal of this application Your Lordships be pleased to stay the execution of the decree passed in HRP/171/2005 dated: 21/04/2017 pending for Execution being R EXE/186/2025 before the Ld. Small Cause Court, Ahmedabad.

(D) ****."

2. Heard learned advocate Mr. Umarfaruk M. Kharadi for

learned advocate Mr. S.P. Mansuri for the petitioner and

NEUTRAL CITATION

C/SCA/16254/2025 ORDER DATED: 19/01/2026

undefined

learned Senior Counsel Mr. Devan Parikh with learned

advocate Mr. K.R. Brahmbhatt for the respondent.

3. When the petition is taken up for hearing, learned Senior

Counsel Mr. Devan Parikh for the respondent has placed on

record the certified copy of order dated 28.11.2025 passed by

learned Small Cause Court at Ahmedabad in Execution

Petition No.186 of 2025, which is taken on record. It is

brought to the notice of this Court by placing on record the

certified copy of the aforesaid order that the application of the

present petitioner-judgment debtor has been dismissed on

28.11.2025 by learned Small Cause Court at Ahmedabad and

in view of this fact, it is contended that present petition does

not survive and the same is required to be dismissed.

4. Per contra, learned advocate for the petitioner could not

contradict the aforesaid factual position and submits that he

has nothing to say on this fact.

NEUTRAL CITATION

C/SCA/16254/2025 ORDER DATED: 19/01/2026

undefined

5. Considering the fact that the objections raised by

judgment-debtor have been dismissed by learned Small Cause

Court at Ahmedabad on 28.11.2025, the present petition does

not survive and therefore, the present petition stands

dismissed. Accordingly, Notice stands discharged. Interim

relief stands vacated forthwith.

(D. M. DESAI,J) RINKU MALI