C/SCA/21847/2019 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 21847 of 2019 ========================================================== ASHOK GUPTA Versus HEIRS AND LRS OF USHARANI KRISHANLAL GUPTA & ORS. ========================================================== Appearance: SHRINEEL M SHAH(9374) for the Petitioner(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Respondent(s) No. 1 MR. SAHIL M SHAH(6318) for the Respondent(s) No. 1.1,1.2,1.3,1.4 Z L KHAN(7966) for the Respondent(s) No. 2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 26/09/2025 ORAL ORDER 1. Heard learned Advocate Mr. Shrineel M. Shah for the petitioner and learned Advocate Mr. Sahil M. Shah for the respondent Nos. 1.1 to 1.4. 2. After arguing for some time, learned Advocate Mr. Shah for the petitioner, under the instructions of his client, does not invite any reasons in the matter. 3. Nonetheless, learned Advocate Mr. Shah for the petitioner would request this Court that as the petitioner was bona fide C/SCA/21847/2019 ORDER DATED: 26/09/2025 pursuing the present writ application, having not filed any written statement so far in the suit proceedings, in that view of the matter, the petitioner may be permitted to file a written statement and the Trial Court may be directed to condone any such delay in filing the written statement. 4. Per contra, learned Advocate Mr. Shah appearing for the respondent Nos. 1.1 to 1.4-original plaintiffs states that if such request will be made before the Trial Court, his client will not object such request. 5. Having heard learned Advocates appearing for the respective parties and learned Advocate Mr. Shah for the petitioner, does not invite any reasons in the matter, this Court, at this stage, would not like to go further or deep into the matter. Nevertheless, it is open for the petitioner to file an appropriate application seeking condonation of delay in filing the written statement before the Trial Court concerned in the suit. As and when such application will be filed, the same may be sympathetically considered by the Trial Court, whereby appropriate condition, the Trial Court may condone the delay on the part of the petitioner in so far not filing the written C/SCA/21847/2019 ORDER DATED: 26/09/2025 statement, thereby, it may allow the petitioner to file the written statement on any appropriate condition which may be found suitable to the Trial Court. 6. It goes without saying that considering the nature of the suit and as it was instituted in the year 2010, the Trial Court shall expedite the hearing of the suit and the parties should cooperate in such trial of the suit. Thereby, all concerned may see to it that the Trial Court shall be able to hear and decide the lis between the parties preferably on or before 31st December 2026. 7. The present writ application is disposed of as withdrawn. Notice is discharged. No order as to costs. Direct service is permitted to the respondent. (MAULIK J.SHELAT,J) NRP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/09/2025 11:04:32