C/SCA/2958/2026 ORDER DATED: 27/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2958 of 2026 ========================================================== RANSURVIRSINH ANIRUDHSINHJI JADEJA & ORS. Versus HARSHVARDHANSINH PRAHALADSINHJI JADEJA & ORS. ========================================================== Appearance: SHIVANI R MODI(9280) for the Petitioner(s) No. 1,2,3,4,5 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 27/07/2026 ORAL ORDER 1. Heard Mr. H.P.Baxi, learned advocate with Ms. Shivani Modi, 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 issue appropriate Writ, order or direction, and to set aside and quashed the order passed by 13th Addl. Sessions Judge, Rajkot rejecting application filed by Appellants to grant permission Under Section 96(1) of C.P.C. to file Regular Civil Appeal against the ilelgal compromise decree obtained by Fraud in Reg. Civil Suit No.127 of 1997 dated 25/06/2007 passed by the 8th Add. Senior Civil Judge, Rajkot. ANNEXURE-A. (B) YOUR LORDSHIPS may further be pleased to issue appropriate Writ, order or direction to the Principal District Judge, Rajkot to register the Civil Regular Appeal filed by Appellants and to decide the Appeal on merits. (C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of justice.” C/SCA/2958/2026 ORDER DATED: 27/07/2026 3. At the outset, it has been pointed by Mr. Baxi, learned advocate for the petitioners that in the impugned order passed by the Appellate Court, it has been specifically observed that the petitioners have remedy to approach the Trial Court who passed the consent decree and in view of the judgment of the full Bench of this Court in the case of Sakina Sultanali Sunesara (Momin) & Ors. Vs. Shia Imami Ismaili Momin Jamat Samaj & Ors. reported in 2020 (1) GLR 586, remedy available with the petitioners is to approach the Trial Court who passed the consent decree. 4. Having taken note of the aforesaid facts and position of law, Mr. Baxi, learned advocate for the petitioners, under the instructions of his clients, does not press this petition at this stage with a liberty to approach the Trial Court, who passed the consent decree. 5. The permission, as prayed for, is granted. It is open for the petitioners to file an appropriate application before the Trial Court concerned who passed the consent decree. 6. Once such application will be filed, after giving an opportunity of hearing to parties concerned, the Trial Court shall decide such application in accordance with law, without being influenced by any of the observations made either by this Court or by the Appellate Court in its impugned order. 7. With the aforesaid observations and directions, the present petition is disposed of as not pressed. (MAULIK J.SHELAT,J) Lalji Desai Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LALJI DESAI(HC01558), PRIVATE SECRETARY, at High Court of Gujarat on 27/07/2026 18:55:21