C/SCA/10873/2026 ORDER DATED: 11/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10873 of 2026 ========================================================== KULDEEPBHAI UMRAOSINGH OSTWAL & ANR. Versus TEJALBEN JIVANLAL VADGAMA & ORS. ========================================================== Appearance: MR. HARSHIT S. TOLIA, SENIOR COUNSEL with MR. MAYUR V DHOTARE(7019) & MR. CHAITANYA JOSHI for the Petitioner(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 11/08/2026 ORAL ORDER 1. Heard Mr. Harshit S. Tolia, learned Senior Counsel with Mr. Mayur V. Dhotare, learned Advocate and Mr. Chaitanya Joshi, learned Advocate for the petitioners. 2. The present petition is filed under Article 227 of the Constitution of India, seeking the following reliefs: “(A) Your Lordships may kindly be pleased to admit this Petition; (B) Your Lordships may kindly be pleased to quash and set aside the impugned Common Order dated 13.03.2026 passed by the Ld. 2nd Additional Senior Civil Judge, Junagadh below Application Exh. 167, a copy of which is at Annexure "A" to this Petition, in the interest of justice and as a consequence thereof, Your Lordships may kindly be pleased to allow the Application Exh. 167 filed in Special Civil Suit No. 21 of 2017, a copy of which is at Annexure - "Q" to this Petition; (C) Pending admission and final disposal of this Petition, your Lordships may kindly be pleased to stay the further proceedings of Special Civil C/SCA/10873/2026 ORDER DATED: 11/08/2026 Suit No. 21 of 2017 pending in the Court of the Ld. 2nd Additional Senior Civil Judge, Junagadh, a copy of which is at Annexure - "E" to this Petition; (D) Ad-interim relief/s in terms of paragraph 13(C) may kindly be granted, in the interest of justice; and (E) Your Lordships may be pleased to pass any such other and further relief/s as may be deemed just and expedient in the interest of justice.” 3. After arguing for some time, Mr. Tolia, learned Senior Counsel, under the instructions of his client who is present in the Court, does not press this petition. Nonetheless, Mr. Tolia, learned Senior Counsel, would request this Court that, since the petitioners have not pressed this petition and this Court has not gone into the merits of the matter, the petitioners may be allowed to file an appropriate application under Order VI Rule 16 of the Civil Procedure Code, 1908 (hereinafter referred to as “the CPC”) and also Order XIV Rule 2 of CPC before the Trial Court and the same may be heard and decided as expeditiously as possible in the interest of justice. 4. The permission as prayed for is granted. 5. It is open for the petitioners to file an appropriate application under Order VI Rule 16 of the CPC and also under Order XIV Rule 2 for framing of preliminary issue germane to the suit. As C/SCA/10873/2026 ORDER DATED: 11/08/2026 and when such application will be filed, after giving an opportunity of hearing to all parties concerned, the Trial Court shall adjudicate this application on its own merits in accordance with law. 6. It is needless to observe that this Court has neither gone into nor examined the merits of the matter except as observed above. 7. With the aforesaid observations and directions, the present petition is disposed of as not pressed. No order as to costs. Interim relief, if any, stands vacated forthwith. (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 11/08/2026 14:08:53