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2025 DAILYLAW 8114 (GUJ)

MANOJBHAI GHANSHYAMBHAI AGRAWAL v. MAHIPALSING TAKHATSING SOLANKI

SCA/14097/2025 · 2025-10-13

Maulik J Shelat

body2025

Judgment text

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C/SCA/14097/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14097 of 2025 ============================================= MANOJBHAI GHANSHYAMBHAI AGRAWAL Versus MAHIPALSING TAKHATSING SOLANKI & ORS. ============================================= Appearance: MR VASIM MANSURI(8824) for the Petitioner(s) No. 1 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 13/10/2025 ORAL ORDER 1. Heard learned counsel Mr.Vasim Mansuri for the petitioner. 2. After arguing for some time, under the instructions of his client, Mr.Mansuri does not invite any reasoned order in the matter. Nonetheless, learned counsel Mr.Mansuri states that against the judgment and decree passed by the City Civil Court in Regular Civil Suit No.1221 of 2012, the petitioner herein has already preferred First Appeal No.6000 of 2019 and another First Appeal No.244 of 2020 has been :led by respondent No.3 herein, which are pending before this Court for :nal adjudication. So, learned advocate Mr.Mansuri states that if ultimately this Court comes to the conclusion that the petitioner would be title-holder of the suit property in question, in that circumstance, liberty may be given to the petitioner to join in the P.S.R.P. No.46 of 2013 instituted by respondent Nos.1 and 2 herein or any other and further proceedings arising out of the same. C/SCA/14097/2025 ORDER DATED: 13/10/2025 3. The request made by learned counsel Mr.Mansuri for the petitioner appears reasonable and requires acceptance. It is open for the petitioner to :le appropriate application for joining himself in P.S.R.P. No.46 of 2013 and/or any proceeding initiated in a higher forum arising out of the same, in a case where this Court decides the right of the petitioner in the aforesaid appeals, whereby it ultimately hold that the petitioner is the owner of the suit property. 4. In view of the aforesaid observation and liberty reserved in favour of the petitioner, the present writ petition is disposed of as withdrawn. No order as to costs. It is made clear that this Court has neither gone into nor examined the merits of the matter. (MAULIK J.SHELAT, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 14/10/2025 11:12:48