C/CRA/374/2025 ORDER DATED: 04/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 374 of 2025 ========================================================== KAVABHAI SAKHABHAI JILIYA SINCE DEAD THROUGH LHS AND LRS & ORS. Versus RAMJIBHAI PRABHUBHAI PATEL ========================================================== Appearance: MR NV GANDHI(1693) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5 MR. D. P. KINARIWALA(410) for the Opponent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 04/08/2025 ORAL ORDER 1. The present Civil Revision Application is filed challenging the order below Exhibit 14 dated 21.11.2024 whereby the Principal Civil Court, JMFC, Dholera, District Ahmedabad has rejected the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short “the Code”) in Regular Civil Suit no.14 of 2022. 2. The plaintiff had filed a suit for specific performance of an agreement dated 19.02.2015 and it is the case of the petitioner that the defendants had to comply in certain terms and conditions and that the plaintiff has paid the entire sale consideration and therefore it can not be said that the plaint is barred by law of limitation. 3. Learned advocate for the defendant has argued that the Trial Court has not decided the said application on merits and there are no reasons given by the Trial Court while rejecting the said application, C/CRA/374/2025 ORDER DATED: 04/08/2025 and the Trial Court has also not dealt with the judgments referred by either of the parties. 4. After hearing learned advocates appearing for the respective parties, both the parties have stated on consent that the present order be quashed and set aside in view of the fact that the order that has been passed is without any reasons. In view of the same, the order passed below Exhibit 14 is hereby quashed and set aside. The Trial Court to decide Exhibit 14 afresh after giving opportunity to both the parties to place before the Court their case. The Trial Court shall not be influenced by any of the observations made in this order in view of the fact that the present Civil Revision Application is allowed and the matter is remanded only on the ground that there are no reasons stated in the order. 5. In view of the same, the Trial Court to decide the said application Exhibit 14 afresh within a period of six months from the date of receipt of copy of this order. In view of the fact that the Trial Court to decide the Exhibit 14 first in point of time, before the Court decides the entire dispute and the Trial of the matter. Both the parties shall cooperate and shall not seek unnecessary adjournment in the matter. In view of the above, the present Civil Revision Application is accordingly disposed of. Notice is discharged. (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 05/08/2025 10:39:25