PARULBA WIFE OF INDRAJITSINH VAJUBHA VAGHELA D/O NAVALSINGH UDESINGH ZALA v. NITABA W/O JORAVARSINH ZALA D/O VAJUBHA RATANSANG VAGHELA
SCA/10282/2026 · 2026-07-30
Maulik J Shelat
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2365 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2365 (GUJ) · dailylaw.ai ]
Judgment text
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C/SCA/10282/2026 ORDER DATED: 30/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10282 of 2026 ============================================= PARULBA WIFE OF INDRAJITSINH VAJUBHA VAGHELA D/O NAVALSINGH UDESINGH ZALA & ANR. Versus NITABA W/O JORAVARSINH ZALA D/O VAJUBHA RATANSANG VAGHELA & ORS. ============================================= Appearance: MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1,2 =============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 30/07/2026 ORAL ORDER
1. Heard Mr.Maulik Soni, learned advocate for the petitioners.
2. This petition 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 Special Civil Application; B. YOUR LORDSHIPS may be pleased to issue an appropriate writ, order, or direction to quash and set aside the impugned final order dated 16/07/2026 passed by the learned 2nd Additional Civil Judge, Sanand, Ahmedabad (Rural) below Exhibit-8 in Regular Civil Suit No. 415 of2025 (at Annexure-A), and consequently allow the application Exhibit-8 (at Annexure-D), directing the impleadment of the Petitioners as party defendants in the said suit; C. YOUR LORDSHIPS may be pleased to hold and declare that the Petitioners are necessary and proper parties to Regular Civil Suit No. 415 of 2025 for a complete, effective, and. just adjudication of the family partition dispute; D. YOUR LORDSHIPS may be pleased to stay the
C/SCA/10282/2026 ORDER DATED: 30/07/2026 operation, execution, implementation, and further proceedings of Regular Civil Suit No. 415 of 2025 pending before the learned Additional Civil Judge, Sanand, including any orders or decrees to be passed below the Exhibit-18 compromise application (Annexure-F and H), till the final disposal of this petition;”
3. After arguing for some time, Mr.Soni, learned advocate for the petitioners, under the instructions of his clients, does not press this petition with a liberty to challenge the consent decree, if any, that will be passed by the Trial Court in the suit.
4. The permission as sought for is granted.
5. It is open for the petitioners to challenge the consent decree before the Court concerned, in accordance with law. As and when such occasion arises before the Court concerned at the instance of the petitioners, after giving an opportunity of hearing to all parties concerned, the Court shall decide such objections of the petitioners, in accordance with law.
6. It is made clear that this Court has neither gone into nor examined the merits of the matter, thereby the rights and
contentions of the respective parties are hereby kept open.
7. With the aforesaid observations and directions, the present petition is disposed of, as not pressed.
(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 30/07/2026 17:48:15