C/SCA/14551/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14551 of 2025 ========================================================== PARIKH ASSOCIATE Versus LEGAL HEIRS OF DECEASED VITHALBHAI CHAGANBHAI TAMBOLI & ORS. ========================================================== Appearance: MR JIGAR P RAVAL(2008) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 16/10/2025 ORAL ORDER 1. Heard learned Advocate Mr. Jigar P. Raval for the petitioner. 2. The present writ application is filed under Article 227 of the Constitution of India, seeking the following reliefs: “(A) Your Lordships may be pleased to admit and allow this petition. (B) Your Lordships may be pleased to quash and set aside the impugned order dated 26.09.2025 passed by the Hon'ble 2nd additional Senior Civil Judge Vadodara below Exh.434 in SPCS/305/1993 at Annexure-A. (C) During pendency and till the final disposal of the present Special Civil Application your Lordships may be pleased to stay the operation, implementation and execution of the impugned order dated 26.09.2025 passed by the passed by the Hon'ble 2nd additional Senior Civil Judge Vadodara below Exh.434 in SPCS/305/1993, at Annexure-A. C/SCA/14551/2025 ORDER DATED: 16/10/2025 (D) Any other relief deemed just and proper may please be granted in the interest of justice.” 3. At the outset, learned Advocate Mr. Raval would submit that despite there is consent terms agreed between the original plaintiff and defendant No. 3 i.e. the petitioner herein. The plaintiff is not acting upon it and as such, the same is accepted by the Trial Court, whereby, it passed an order to the effect that as per the consent terms executed between the plaintiff and defendant No. 3, appropriate decree will be drawn while passing the final decree in the suit. 3.1. Learned Advocate Mr. Raval would further submit that on execution and presentation of such consent terms between the plaintiff and defendant No. 1, the Trial Court vide its order dated 03/03/2014, passed an order that such consent terms agreed between the parties are accepted, inasmuch as parties have personally remained present before the Trial Court and agreed upon it. It is submitted that as per the said order, an appropriate decree on such consent terms be drawn by the Trial Court while passing the final decree in the suit. 3.2. Learned Advocate Mr. Raval would humbly submit that despite the aforesaid, the plaintiff is now turning back and C/SCA/14551/2025 ORDER DATED: 16/10/2025 trying to damage the interest of defendant No. 3 in the suit and in that view of the matter, defendant No. 3 requires to lead his oral evidence, otherwise, in future, it may cause serious prejudice to his rights and contentions and in regards to his pleadings so set out in his written statement and there are Issue Nos. 9 and 10 so framed by the Trial Court require to be proved by defendant No. 3. 3.3. So, learned Advocate Mr. Raval would submit that the impugned order, in light of the aforesaid facts and circumstances, is not sustainable in law. 4. Having heard learned Advocate Mr. Raval, prima facie, it appears that there is consent terms executed between the plaintiff and defendant No. 3 i.e. petitioner herein on 03/03/2024 and the same was presented before the Trial Court. Whereupon, the Trial Court on satisfying with such consent terms agreed between the aforesaid persons and after hearing them in person, passed a judicial order below Exhibit 276 i.e. consent terms on 03/03/2024. 5. So, in view of the aforesaid consent terms and the order passed thereon by the Trial Court, whereby, the Trial Court C/SCA/14551/2025 ORDER DATED: 16/10/2025 categorically observed that an appropriate consent decree as per the consent terms agreed between the plaintiff and defendant No. 3 will be drawn along with the final decree to be drawn in the suit. 6. It is reported to this Court by learned Advocate Mr. Raval that though the plaintiff retracts from his agreed consent terms, but as on date, neither any review application nor any recall of the aforesaid order passed by the Trial Court. Thus, as on date, the aforesaid order, whereby, the Trial Court requires to draw consent decree while passing the final decree in the suit, would stand. 7. If it be so, as such, there is no requirement under law which casts burden upon defendant No. 3 to prove Issue Nos. 9 and 10 so framed by the Trial Court below Exhibit 316 on 24/02/2022. 8. According to my view, as such there is no error much less any gross error of law, in the impugned order passed by the Trial Court, whereby, oral evidence of defendant No. 3 is discarded. Nevertheless, it is made clear and reserving liberty in favor of the petitioner to file an appropriate application for submitting C/SCA/14551/2025 ORDER DATED: 16/10/2025 his oral evidence, in a case where, the aforesaid consent terms are either recalled or revoked by the plaintiff in accordance with law. 9. With the aforesaid, the present writ application is not entertained at this stage and is accordingly rejected. No order as to cost. 10. Direct service is permitted. (MAULIK J.SHELAT,J) NILESH 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 16/10/2025 15:24:19