C/SCA/12716/2012 ORDER DATED: 30/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12716 of 2012 ========================================================== USMAN GANI MUSTUFA SHAIKH (LEGAL HEIR OF MUSTUFA ABBAS) Versus LEGAL HEIRS OF FATMABIBI IBRAHIM - HANIF IBRAHIM SHAIKH & ORS. ========================================================== Appearance: MR MM SAIYED(1806) for the Petitioner(s) No. 1 MS NANCY SONI FOR M/S TRIVEDI & GUPTA(949) for the Respondent(s) No. 4 MR SP MAJMUDAR(3456) for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 30/07/2025 ORAL ORDER 1. Heard learned advocate Mr.M.M.Saiyed for the petitioner and learned advocate Mr.Parth B. Bhagat for learned advocate Mr.S.P.Majmudar for the respondent nos.1 to 3 and learned advocate Ms.Nancy Soni for respondent no.4. 2. The present writ application is filed under Article 227 of the Constitution of India seeking following relief:- “(A) The Hon'ble court may be pleased to issue appropriate writ, direction or order in nature of writ and be pleased set aside order dated 10/07/2012 passed by 4th Addition District Judge Bharuch in Misc. Civil Application No. 52/2007. (B) Pending admission, hearing and final disposal of the petition Hon'ble court may be please to stay the order dated 10/07/2012 passed by 4th Addition District Judge Bharuch in Misc. Civil Application No. 52/2007. (C) Any other and further relief may be granted in the interest of C/SCA/12716/2012 ORDER DATED: 30/07/2025 justice.” 3. At the outset, learned advocate Mr.Saiyed pointed out to this Court that during the pendency of the present writ application, the suit pending before the Trial Court has travelled up to the stage of final hearing and as such, evidence of respective parties have also been recorded by Trial Court. 3.1. Nonetheless, learned advocate Mr.Saiyed would request this Court that some of the observations, which are made by the Appellate Court, may come in the way of the present petitioner, if this Court considers it appropriate, may adjudicate the present writ application on its merits, even though it is arising out of the proceedings instituted under Order 39 of the Civil Procedure Code, 1908 (hereinafter referred to as “CPC”) i.e., injunction application. 4. Per contra, learned advocate Mr.Bhagat would submit that as such, injunction application so filed by the petitioner was wrongly allowed by the Trial Court and such impugned order was carried before the Appellate Court as Trial Court virtually decreed the suit in favour of the petitioner. 4.1. Learned advocate Mr.Bhagat would further submit that C/SCA/12716/2012 ORDER DATED: 30/07/2025 after examining the legality and validity of such order, the Appellate Court has correctly allowed the appeal filed by the respondents. 5. Having heard the learned advocates appearing for the respective parties, without going into the merits of the matter, at this stage, this Court would not like to disturb / confirm any of the orders either passed by the Appellate Court and/or Trial Court, as the case may be, as during the pendency of the present writ application, the suit has progressed and virtually, trial is completed and the matter has been posted for final hearing before the Trial Court. 6. Nonetheless, this Court would like to observe that Trial Court is required to decide the lis between the parties as per the evidence coming forth on record of the suit and to adjudicate all the issues germane in the suit in accordance with law without being influenced by any of the observations either made by Trial Court itself or by Appellate Court while deciding the appeal filed by the respondents. 7. The Trial Court is required to independently decide the C/SCA/12716/2012 ORDER DATED: 30/07/2025 suit in accordance with law. 8. It is made clear that this Court has neither gone into nor examined the merits of the matter. 9. With the aforesaid observation, the present writ application is disposed of. No order as to costs. Rule is discharged. Direct service is permitted. (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 30/07/2025 14:51:26