Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 6001 (GUJ)

RAMABEN PRATAPBHAI TRIVEDI v. STATE OF GUJARAT

SCR.A/12557/2025 · 2025-09-12

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/12557/2025 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DOMESTIC VIOLANCE ) NO. 12557 of 2025 ========================================================== RAMABEN PRATAPBHAI TRIVEDI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VINOD M GAMARA(5910) for the Applicant(s) No. 1 MR NILESH J GOSAI(7325) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/09/2025 ORAL ORDER [1.0] By way of present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for the following reliefs: “(B) Your Lordship may be pleased to direct the concerned respondent to comply the order of the Ld. Trial Court passed in Cri. Misc. Application No.55/2018 dated 13/04/2023 and give possession of the bottom portion of the house to the applicant as per stated in the order from the respondent no.3 to 5 in the interest of justice; (C) Your Lordship may be pleased to direct the Ld. Trial Court to decide the application of the applicant which is pending before the Ld. 2nd Additional Senior Civil Judge, Amreli being Cri. Misc. Application No.421/2023 within period of one month in accordance with law in the interest of justice;” [2.0] Having heard learned advocate appearing for the respective parties and perusing the record, it appears that the learned trial Court is seized with execution proceeding being Criminal Misc. Application No.421 of 2023 and hence, no case is R/SCR.A/12557/2025 ORDER DATED: 12/09/2025 made out to issue any direction in exercise of powers under Article 226 of the Constitution of India as alternative remedy is already availed by the petitioner. [3.0] So far as prayer in terms of paragraph 11(C) of the petition is concerned, the petitioner, who is senior citizen, has approached the concerned Court since the year 2023 and hence, without entering into merits of the case, present petition is disposed of with direction to the learned trial Court to expedite the proceedings being Criminal Misc. Application No.421/2023 at the earliest and preferably within a period of six months from the date of receipt of the present order, independently on its own merits without being influenced by this order considering the pendency of UTP and other targetted cases. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/09/2025 14:40:24