C/SCA/5611/2017 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5611 of 2017 ========================================================== SHANKERLAL CHHAGANLAL MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: Ms. Corin M. Christie, Advocate for the Petitioner(s) No. 1 MR Shailesh Desai, AGP for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 29/07/2025 ORAL ORDER 1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Shailesh Desai waives service of notice of rule on behalf of respondent-State. 2. Heard learned advocate Ms. Corin M. Christie for the petitioner and learned Assistant Government Pleader Mr. Shailesh Desai for the respondent-State. 3. The present writ application is filed under Article 227 of the Constitution of India seeking following relief :- “A) this Hon’ble Court may be pleased to admit and allow this petition ; (B) this Hon'ble Court may be pleased to call for records and proceedings of Special Civil Suit No. 286/2013 from the Court of ld. Page 1 of 4 C/SCA/5611/2017 ORDER DATED: 29/07/2025 Principal Senior Civil Judge, Kadi and peruse the same; (C) this Hon'ble Court may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction, quashing and setting aside the judgment and order passed in Special Civil Suit No. 286/2013 by the Court of ld. Principal Senior Civil Judge, Kadi dated 29/8/2016 and grant the prayers as prayed for in the said suit in the interest of justice; or in the alternative this Hon'ble Court may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction, remanding the Special Civil Suit No. 286/2013 to the Court of Id. Principal Senior Civil Judge, Kadi for considering, appreciating, examining and determining the facts and documentary evidence in the interest of justice; (D) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondents to deposit the 50% amount of the claim before this Hon'ble Court; (E) this Hon'ble Court may be pleased to grant relief which this Hon'ble Court may deem, fit and proper.” 4. At the outset, learned advocate Ms. Christie for the petitioner would submit that due to inadvertence on the part of the original petitioner, instead of filing Regular Civil Appeal before the appellate Court concerned against the impugned judgment and order passed by the trial Court, the present writ application has been filed. So, under the instruction of her client, learned advocate Ms. Christie does not press the present writ application with a liberty to file an appropriate Appeal before the appellate Court concerned C/SCA/5611/2017 ORDER DATED: 29/07/2025 against the impugned judgment and order passed by the trial Court. 5. Learned Assistant Government Pleader Mr. Shailesh Desai for the respondent-State is not objected such request. 6. Permission as sought for, is granted. It is open for the petitioner to file an appropriate appeal before the appellate Court concerned challenging the very same judgment and decree passed by the trial Court i.e. Principal Senior Civil Judge, Kadi dated 29.08.2016 in Special Civil Suit No. 286 of 2013. The certified copy of the aforesaid judgment and order be returned back to the petitioner by getting its xerox copy. 7. It goes without saying that the time consumed by the petitioner in filing the present writ application may be explained by the petitioner while filing appeal along with delay application and may rely upon Section 14 of the Limitation Act for bona-fide pursuing wrong remedy before the Court. Such aspect may be considered sympathetically by the appellate Court concerned while adjudicating delay application to be filed with appeal by the petitioner. 8. As and when such an appeal /application to be filed by the petitioner before the appellate Court, the appellate C/SCA/5611/2017 ORDER DATED: 29/07/2025 Court may take up and decide it as expeditiously as possible. 9. In view of the aforesaid, the present writ application is disposed of as withdrawn reserving the aforesaid liberty in favour of the petitioner. No order as to costs. (MAULIK J.SHELAT,J) SALIM/ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHAMMAD SALIM(HC01108), STENO GR II, at High Court of Gujarat on 30/07/2025 12:39:36