C/SCA/3429/2011 ORDER DATED: 14/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3429 of 2011 ========================================================== BATUKBHAI AMBABHAI AHIR & ORS. Versus LOHANA MAHAJAN ANJAR THROUGH TRUSTEES & ORS. ========================================================== Appearance: MALAV M MULANI(8844) for the Petitioner(s) No. 1.1,1.3,1.4 MR ASHISH H SHAH(2142) for the Petitioner(s) No. 1 MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1.2 MR BY MANKAD(440) for the Respondent(s) No. 1.1,1.1.1,1.1.10,1.1.2,1.1.3,1.1.6,1.1.7,1.1.8,1.1.9,1.2,1.2.11,1.2.12,1.2.13,1.2 .14,1.2.15,1.2.16,1.3,1.4,1.5,1.6,1.7,1.8,1.9 RULE SERVED for the Respondent(s) No. 1.1.4,1.1.5,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 14/08/2025 ORAL ORDER 1. Heard learned advocate Mr.Malav M. Mulani, who candidly submits that the order impugned in the present application was passed by the Trial Court on an application being filed under Order VII, Rule 11 of the Civil Procedure Code, 1908 (hereinafter referred to as 'the CPC') and as such, an alternative statutory remedy of filing a civil revision application would be available to the petitioners. 1.1 Nonetheless, due to inadvertence, at the relevant point of time, the petitioners have preferred the present C/SCA/3429/2011 ORDER DATED: 14/08/2025 writ application under Article 227 of the Constitution of India. 1.2 So, in view of the aforesaid, Mr. Mulani, under the instructions of his clients, does not press the present writ application, with the liberty to file an appropriate civil revision application under Section 115 of the CPC challenging the very same order challenged in the present application. 2. Per contra, learned advocate Mr. Mankad has no objection to the request made by learned advocate Mr. Mulani appearing for the petitioners. 3. Having heard the learned advocates appearing for the respective parties, the request made by learned advocate Mr. Mulani appears reasonable and requires acceptance. 4. The present application is disposed of as withdrawn, with the liberty reserved in favour of the petitioners to file a civil revision application under Section 115 of the CPC before this Court challenging the very same order which is impugned in C/SCA/3429/2011 ORDER DATED: 14/08/2025 the present application. Accordingly, the present writ application is disposed of. Rule is discharged. No order as to costs. Interim relief, if any, stands vacated forthwith. 5. It is made clear that this Court has neither gone into nor examined the merits of the matter. 6. The Registry shall return the certified copy of the impugned application and the order passed thereon by the Trial Court to the learned advocate appearing for the petitioners, after replacing it with a Xerox copy on the record. (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 14/08/2025 16:56:29