Khodabhai Nanubhai Bharvad vs Vallabhbhai Kalyanjibhai Patel
2026 Latest Caselaw 22 Guj

Gujarat High Court

Khodabhai Nanubhai Bharvad vs Vallabhbhai Kalyanjibhai Patel on 15 January, 2026

                                                                                                               NEUTRAL CITATION




                             C/SCA/17805/2025                                   ORDER DATED: 15/01/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 17805 of 2025

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                                      KHODABHAI NANUBHAI BHARVAD
                                                     Versus
                                     VALLABHBHAI KALYANJIBHAI PATEL
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                      Appearance:
                      A A DAUDIVHORA(7516) for the Petitioner(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 15/01/2026

                                                             ORAL ORDER

1. The present Petition is filed by the petitioner assailing the

order passed by the learned Principal District Judge, Bhavnagar

rejecting the application for condonation of delay in challenging the

judgment and decree dated 09.01.2018 passed by the learned

Trial Court on 21.07.2025.

2. Heard learned advocate, Mr. A.A. Daudivhora for the

petitioner.

3. Learned advocate for the petitioner, at the outset, submits

that the petitioner herein does not want to proceed with the present

petition and seeks permission to file appropriate Civil Suit for the

NEUTRAL CITATION

C/SCA/17805/2025 ORDER DATED: 15/01/2026

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determination of the title of the suit property. Upon instruction,

learned advocate for the petitioner submits that the original plaintiff

has not filed any execution petition till today.

4. Upon such submission, the permission, as sought for, is

granted to the petitioner to avail any other remedy available under

the law. The present petition, therefore, stands disposed of as

withdrawn. It is made clear that this Court has not expressed any

opinion on merits, however, the question of limitation is left open

for determination by the Court below as and when such question

arises for its determination.

(D. M. DESAI,J) MUSKAN