C/SCA/9736/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9736 of 2025 ========================================================== JAGDISHBHAI DUKHIRAM JAYSHRAWAL Versus BINADEVI FULCHANDBHAI RAJBHAR & ANR. ========================================================== Appearance: MR. RAAJEN D JADHAV(10026) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 23/09/2025 ORAL ORDER 1. Heard learned advocate Ms. Ankita Goswami for learned advocate Mr. Raajen Jadhav for the petitioner. 2. After arguing for some time, under the instruction of her client, learned advocate Ms. Goswami does not press the present writ application. Learned advocate Ms. Goswami would states that the trial Court as well as the appellate Court granted injunction and confirmed it in favour of the original plaintiff on the basis of revenue entry as it is pending before the Mamlatdar concerned thereby, if such entry will set aside and plaintiffs have no right title interest in the suit property, in that eventuality, the petitioner may be allowed to file an application under Order 39 rule 4 of CPC. C/SCA/9736/2025 ORDER DATED: 23/09/2025 3. Permission as prayed for, is granted. It is open for the petitioner herein to file an appropriate application under Order 39 rule 4 of CPC before the trial Court concerned as and when succeed in the revenue proceedings pending between the parties. It further goes without saying that any of the observations so made by the trial Court and or the appellant Court would not come in the way of any of the parties to the suit proceedings and as such the lis between the parties requires to be decided by the trial Court as per the evidence coming forth on record. All issues requires to be decided by the trial Court in accordance with law without being influenced by any of the observations in the impugned orders passed by the trial Court/appellate Court. 4. With the aforesaid observation and reserving liberty in favour of the petitioner, the present writ application is disposed of as withdrawn. It is made clear that this Court has neither gone into nor examined the merits of the matter. No order as to cost. (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 24/09/2025 11:36:11