IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 583 of 2025 ===================================================== SHASHTRI BHAKTIPRIYADASJI GURU UTTAMPRIYADASJI Versus BALABHAI MANJIBHAI VAGHRI & ORS. ===================================================== Appearance: SR. ADV. MS. MEGHA JANI assisted by MS KRISHA M. BHIMANI(12795) for the Applicant(s) No. 1 MR.MRUDUL M BAROT(3750) for the Opponent(s) No. 1,2,3,4,5 ===================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/02/2026 ORAL ORDER 1. Heard learned Counsel Ms. Megha Jani assisted by learned advocate Ms. Krisha M. Bhimani appearing for the applicant and learned advocate Mr. Mrudul M. Barot appearing for the respondents. 2. This is a revision against the oreder at Annexure-A, whereby learned executing Court, taking a hypertechnical approach, has dismissed the execution by order dated 15.07.2025 on the ground that the decree, which is sought to be executed by the decree holder is in regards to the prohibitory injunction, whereas in the execution, the decree holder is asking for the possession of the suit premises, which is not a part of the decree. 3. According to this Court, the impugned order, prima- facie found to be in defiance of the settled principle of law, but p. 1 without delving further into the merits of the case, I find that it would be just and appropriate to remand the matter back to the learned trial Court to decide the regular execution afresh in accordance with law, permitting both the parties to lead their submissions. 4. It is also to be considered that, in execution proceedings, the objection, which can be entertained is only under Section 47 of the Code of Civil Procedure, 1908, if any, by the judgment debtor. No other objection can be entertained. 5. Accordingly, this revision stands disposed of with the direction that the learned Court below shall decide the execution proceedings on its own merit, as early as possible, preferably within a period of One year from the date of receipt of this order. 6. The learned Court below is also directed to follow the command of the Apex Court in the judgment of Periyammal (Dead) Through Legal Representatives & Ors. v. V. Rajamani and Anr., reported in (2025) 9 SCC 568. 7. Needless to say that, all the contentions are rights of the parties are kept open. (J.C. DOSHI, J.) Raj p. 2 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 17/02/2026 18:22:45