Patel Girishbhai Manubhai vs Ketanbhai Ramanbhai Patel
2026 Latest Caselaw 211 Guj

Gujarat High Court

Patel Girishbhai Manubhai vs Ketanbhai Ramanbhai Patel on 22 January, 2026

                                                                                                             NEUTRAL CITATION




                               C/SA/577/2025                                ORDER DATED: 22/01/2026

                                                                                                             undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/SECOND APPEAL NO. 577 of 2025

                                                            With
                                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                             In R/SECOND APPEAL NO. 577 of 2025
                       ==========================================================
                                               PATEL GIRISHBHAI MANUBHAI & ANR.
                                                            Versus
                                               KETANBHAI RAMANBHAI PATEL & ORS.
                       ==========================================================
                       Appearance:
                       MR CHIRAG B PATEL(3679) for the Appellant(s) No. 1,2
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 22/01/2026

                                                         ORAL ORDER

Learned advocate for the appellants, after advancing submissions to some extent, upon instructions, seeks leave to withdraw the present Second Appeal, coupled with an innocuous request that the final hearing of the suit be expedited, it being contended that the issue involved before the learned Court below stands squarely covered by a judgment of this Court. It is further urged that the learned Trial Court be permitted to adjudicate the suit uninfluenced by its own earlier order or by the judgment and decree rendered by the learned First Appellate Court, and that the issue of limitation be kept open, with liberty to both parties to adduce evidence thereon.

In view of the submissions canvassed at the Bar, the present Second Appeal stands disposed of as withdrawn. Considering that the suit is of the year 2018, the same is directed to be expedited. The learned Court below is requested to decide the suit as expeditiously as possible, preferably within a period of one year from the date of

NEUTRAL CITATION

C/SA/577/2025 ORDER DATED: 22/01/2026

undefined

receipt of a copy of this order.

It is clarified that the finding on the issue of limitation recorded by the learned Trial Court and reversed by the learned First Appellate Court shall not be construed as a final or conclusive determination on merits. The issue of limitation is expressly kept open to be raised, contested, and adjudicated in accordance with law during the course of the trial. The learned Court below shall decide the suit on its own merits and in accordance with law, uninfluenced by any observations made in the earlier proceedings with regard to the issue of limitation.

Accordingly, the connected Civil Application, if any, does not survive and stands disposed of.

(J. C. DOSHI,J) MANISH MISHRA