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2025 DAILYLAW 1796 (GUJ)

PARSHOTTAMBHAI PRABHUDAS PATEL v. NANALAL MOHANLAL PATEL

SA/24/2022 · 2025-09-19

Sanjeev J Thaker

body2025

Judgment text

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C/SA/24/2022 ORDER DATED: 19/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 24 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/SECOND APPEAL NO. 24 of 2022 ========================================================== PARSHOTTAMBHAI PRABHUDAS PATEL Versus NANALAL MOHANLAL PATEL & ANR. ========================================================== Appearance: MR DIPAN DESAI(2481) for the Appellant(s) No. 1 MR. ARCHIT P JANI(7304) for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 19/09/2025 ORAL ORDER 1. In view of the fact that the Second Appeal is filed challenging the order passed under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Acts (Amendment) Act,1961 under Section 29 of the said Act, the revision application is maintainable. 2. In view of the said fact, the petitioner seeks liberty of this Court to withdraw the present Second Appeal with liberty to file Civil Revision Application challenging the said judgment and decree passed by the Trial Court and confirmed by the Appellate Court. While deciding the said Civil Revision Application, the delay in preferring the Second Appeal be taken into consideration under Section 14 of the Limitation Act. C/SA/24/2022 ORDER DATED: 19/09/2025 3. Moreover, in view of the fact that the Coordinate Bench by an order dated 24.01.2022 had granted stay of the order passed by the First Appellate Court and the said order is continued till today, liberty to file the Civil Revision Application is granted. 4. With the aforesaid liberty, the present Second Appeal is permitted to be withdrawn and is disposed of accordingly. In view of the fact that this Court had granted stay, till the time the present appellant files Civil Revision Application, the stay granted earlier to continue for the period of two weeks. In view of the disposal of the main matter, the connected Civil Application does not survive and the same is accordingly disposed of. (SANJEEV J.THAKER,J) URIL RANA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 20/09/2025 16:57:28