LHS OF DECD. MAHIPENDRASINHJI PRUTHVIRAJSINHJI PARMAR v. CHITTRANJANIKUMARI AJAYRAJSINH PARMAR
AO/174/2025 · 2025-08-04
Maulik J Shelat
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5378 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5378 (GUJ) · dailylaw.ai ]
Judgment text
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C/AO/174/2025 ORDER DATED: 04/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 174 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 174 of 2025 With R/APPEAL FROM ORDER NO. 175 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 175 of 2025 ========================================================== LHS OF DECD. MAHIPENDRASINHJI PRUTHVIRAJSINHJI PARMAR & ORS. Versus CHITTRANJANIKUMARI AJAYRAJSINH PARMAR & ORS. ========================================================== Appearance: MR. NISHIT P GANDHI(6946) for the Appellant(s) No. 1,1.1,1.2,1.3 MR. PARTH.A.PATEL(14030) for the Appellant(s) No. 1,1.1,1.2,1.3 ==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 04/08/2025
COMMON ORAL ORDER
1. Heard learned advocate Mr.Nishit P. Gandhi for the appellants.
2. After arguing for some time, under the instruction of his clients, learned advocate Mr.Gandhi does not invite reasons and not press the present appeals.
2.1. Nonetheless, learned advocate Mr.Gandhi states that at the given point of time, having not received any threat of dispossession from the suit property, but in light of the order
C/AO/174/2025 ORDER DATED: 04/08/2025 passed by the Trial Court, if any contingency to that effect arises, liberty may be reserved in favour of the appellants to file necessary application before the Trial Court, which may independently be decided without being influenced by order impugned in the present appeals.
3. Permission, as sought for, is granted.
4. It is always open for the appellants/plaintiffs to file an appropriate application in a contingency arisen, where any threat of dispossession from the suit property occurred at the instance of defendants. Whenever, such contingency arises, and plaintiffs file any such application before the Trial Court, after giving an opportunity of hearing to all the parties concerned, the Trial Court may decide such application on its merits without being influenced by the order impugned in the present appeals.
5. 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 of the suit uninfluenced by any of its observation made while adjudicating any interim/injunction
C/AO/174/2025 ORDER DATED: 04/08/2025 application, as the case may be.
6. It is made clear that this Court has neither gone into nor examined the merits of the matter.
7. With the aforesaid observation and reserving liberty in favour of the plaintiffs, the present Appeals from order are
disposed of as withdrawn. No order as to costs. The Civil Applications are also disposed of accordingly.
(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 04/08/2025 14:30:16