Mohmad Abdulkadir Usmani vs Late Fakhruddin Abdulrahim ...
2026 Latest Caselaw 3760 Guj

Gujarat High Court

Mohmad Abdulkadir Usmani vs Late Fakhruddin Abdulrahim ... on 20 May, 2026

                                                                                                           NEUTRAL CITATION




                              C/AO/81/2026                                 ORDER DATED: 20/05/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                             R/APPEAL FROM ORDER NO. 81 of 2026

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                                         MOHMAD ABDULKADIR USMANI
                                                   Versus
                              LATE FAKHRUDDIN ABDULRAHIM VAVKUNDALIWALA SINCE
                                     DECEASED THROUGH LEGAL HEIRS & ORS.
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                      Appearance:
                      MR DIPAK H SINDHI(5710) for the Appellant(s) No. 1
                      MR. ALTAF Y CHARKHA(7271) for the Respondent(s) No.
                      1,1.1,1.1.1,1.1.2,1.1.3,1.2,1.3,1.4,1.5,1.6
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                        CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                       Date : 20/05/2026

                                                        ORAL ORDER

1. Heard learned advocates for the respective parties.

2. Learned advocate for the appellant submitted that respondent Nos.1.1.1 to 1.6 are caveators and the remaining concern respondents, even in the original proceedings, are not contesting the matter. However, in order to avoid any technical objection, they have been impleaded as necessary parties.

3. Since the learned advocates appearing for the respective parties have arrived at a consensus that the impugned order below Ex.7 passed in Regular Civil Suit No.40 of 2026 on 23.04.2026, is required to be quashed and set aside, liberty is reserved to the concerned parties to raise all contentions available to them.

4. Considering the aforesaid factual aspect and without dwelling further on the merits of the case, the

NEUTRAL CITATION

C/AO/81/2026 ORDER DATED: 20/05/2026

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impugned order dated 23.04.2026 passed by the learned 2 nd Additional Civil Judge, Panchmahals at Godhra below Ex.7 in Regular Civil Suit No.40 of 2026, is hereby quashed and set aside. The learned Trial Court is directed to decide the application below Ex.7 afresh, after affording an opportunity of hearing to both side, in accordance with law and without being influenced by the observations made in this order and earlier order, as expeditiously as possible, preferable within a period of one month from the date of receipt of this order. The parties shall raise all contentions available to them. Both the parties shall co-operate in expeditious disposal of the matter.

5. With these observations and directions, the present Appeal From Order stands disposed of accordingly.

6. It is made clear that this Court has not gone into the merits of the case.

Direct service is permitted.

(R. T. VACHHANI, J) MANOJ