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2025 DAILYLAW 3656 (GUJ)

GHANSHYAMBHAI CHHOTUBHAI PATEL v. MAFATLAL CHANDULAL CHAUHAN @ MAFATBHAI CHANDULAL CHAUHAN

SCA/7611/2025 · 2025-06-12

Maulik J Shelat

body2025

Judgment text

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C/SCA/7611/2025 ORDER DATED: 12/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7611 of 2025 ========================================================== GHANSHYAMBHAI CHHOTUBHAI PATEL Versus MAFATLAL CHANDULAL CHAUHAN @ MAFATBHAI CHANDULAL CHAUHAN & ANR. ========================================================== Appearance: MR PUSHPADATTA VYAS(1296) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 12/06/2025 ORAL ORDER 1. Heard learned advocate Mr.Pushpadatta Vyas for the petitioner. 2. After arguing for some time, under the instruction of his client, he does not press the present writ application. 2.1 Nonetheless, learned advocate Mr.Vyas would request this Court that the observations made by Trial Court while rejecting the impugned application may not come in the way of petitioner – plaintiff while finally adjudicating the suit. 3. Permission as sought for is granted. It goes without saying that the Trial Court is required to decide the lis between the parties as per the evidence coming forth on record C/SCA/7611/2025 ORDER DATED: 12/06/2025 of the suit and to decide the issues, which are already framed or yet to be framed by the Trial Court, as the case may be. 4. So, the Trial Court is hereby requested to take this into account while finally adjudicating the suit in question. 5. It is made clear that this Court has neither gone into nor examined the merits of the matter. 6. With the aforesaid observation, the present writ application is disposed of as withdrawn. No order as to costs. (MAULIK J.SHELAT,J) MOHD MONIS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHD MONIS(HC01900), PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2025 16:12:23