C/SCA/14148/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14148 of 2025 ========================================================== DINABEN LALLUBHAI PARMAR Versus LHRS OF DECEASED BHAGWATBHAI DAHYABHAI AND DECD. JYOTSNABEN BHAGWATBHAI PATEL & ORS. ========================================================== Appearance: MR MRUGEN K PUROHIT(1224) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 15/10/2025 ORAL ORDER 1. Heard learned Advocate Mr. Mrugen K. Purohit for the petitioner. 2. Learned Advocate Mr. Purohit states that during the pendency of the present writ application, as there was no stay granted by the Appellate Court, due to the possession warrant issued by the Executing Court concerned, a symbolic possession of the suit premises was taken by the respondents with the help of the bailiff. He tendered an additional affidavit to that effect which is taken on record. 2.1. Learned Advocate Mr. Purohit would humbly request this C/SCA/14148/2025 ORDER DATED: 15/10/2025 Court that the petitioner is in fact residing in the suit premises since long and her all belongings are inside the premises, which is now locked due to implementation of the possession warrant. 2.2. Learned Advocate Mr. Purohit also filed a separate undertaking of the petitioner before this Court, whereby, he requests this Court that she may be allowed to reside in the suit premises till 17th November, 2025, with an undertaking that she will peacefully handover the possession of the suit premises to the respondents, albeit without prejudice to her rights and contentions as available in her appeal pending before the Appellate Court. 3. In view of the aforesaid facts and the developments taken place during the pendency of this matter, this Court would not like to disturb the impugned order inasmuch as, due to non-granting of injunction, the decree in question is implemented so far as taking of symbolic possession of the suit property is concerned. 4. At the same time, considering the peculiar facts and circumstances of the case and so also, after going through undertaking of the petitioner submitted before this Court and keeping in mind one fact that she in fact is residing in the suit C/SCA/14148/2025 ORDER DATED: 15/10/2025 premises since long and her belongings are in the suit premises and so also, the Court is going on Diwali break, it is open for the petitioner to request the Executing Court to allow her to stay in the suit premises till 17th November, 2025. If such request is made by the Executing Court, the same shall be considered sympathetically by the Executing Court, keeping in mind the aforesaid peculiar facts and circumstances of the case. 5. In the event, the Executing Court satisfied itself with a request made by the petitioner, a suitable undertaking as submitted by the petitioner before this Court, be taken to secure the repossession of the suit premises from the petitioner. Such application shall be decided by the Executing Court as early as possible on or before 17th November, 2025, albeit after giving an opportunity of hearing to the decree holder. 6. In view of the aforesaid, at this stage, this Court is not interfering with the impugned order as aforesaid. 7. It goes without saying that if ultimately the petitioner succeeds in her appeal pending before the Appellate Court concerned, it is open for the petitioner to request for restitution of the suit property as per Section-144 of the Code of Civil Procedure, C/SCA/14148/2025 ORDER DATED: 15/10/2025 1908 and in that eventuality, an appropriate order may be passed by the Appellate Court in this regard. 8. It is further made clear that this Court has neither gone into nor examined the merits of the matter. If any request made by the petitioner for early hearing of her appeal, the same shall also be considered sympathetically by the Appellate Court. Direct service today is permitted. 9. In light of the aforesaid, the present writ application is disposed of accordingly. No order as to costs. (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 15/10/2025 14:01:15