SAIYED MOHAMMED SAEED MOHAMMED MAZHARUDDIN BUKHARI v. STATE OF GUJARAT
SCA/6529/2025 · 2025-05-08
Nikhil S Kariel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3164 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3164 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/6529/2025 ORDER DATED: 08/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6529 of 2025 ========================================================== SAIYED MOHAMMED SAEED MOHAMMED MAZHARUDDIN BUKHARI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: A R KADRI(7330) for the Petitioner(s) No. 1 MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5 ==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/05/2025
ORAL ORDER
1. Heard learned advocate Mr.A.R.Kadri appearing on behalf of the petitioner and learned Assistant Government Pleader Mr.Nikunj Kanara appearing on behalf of the respondent – State.
2. By way of this petition, the petitioner challenges an
order dated 16.01.2025 passed by the SSRD confirming order passed by the Collector, Ahmedabad dated 18.07.2023.
3. Considering the submissions made by learned advocate Mr.Kadri, more particularly since it appears that the issue in question is with regard to substantive rights of the party as the petitioner is challenging the right of his brother to sell
C/SCA/6529/2025 ORDER DATED: 08/05/2025 share which, according to the brother of the petitioner, has accrued in his favour upon the father passing away and whereas, the stand of the petitioner being that the father had gifted the entire party to the present petition during his lifetime by way of oral gift.
3.1. It would appear in this regard that the petitioner has filed two civil suits being Civil Suit No.406/2017 and 407/2017 and whereas, to this Court, it would appear that the observations of the SSRD in the impugned order that the final outcome of the civil suit would bind the parties more particularly even as regards the revenue record being sufficient enough, no further interference is required, hence, the present petition stands disposed of.
(NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2025 18:39:21