ARTI ASHOK MOTIYANI vs JITENDRA SHANKARBHAI VAZIRANI
- Court
- Gujarat High Court
C/SCA/15746/2026 JUDGMENT DATED: 26/10/2026
(GJHC240765582026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15746 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 15710 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
✓
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ARTI ASHOK MOTIYANI
Versus
JITENDRA SHANKARBHAI VAZIRANI
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Appearance:
MR NL RAMNANI(2400) for the Petitioner(s) No. 1
MS. A. N. RAMNANI (14156) for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 26/10/2026
COMMON JUDGMENT
1. Heard Mr. N. L. Ramnani, learned advocate for the petitioner.
2. Since the issue germane in both these petitions is common, with
the request of Mr. Ramnani, learned advocate for the petitioner, they are
taken up together and being disposed of by way of this common
judgment.
3. These petitions are filed under Article 227 of the Constitution of
India, seeking the following reliefs:-
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C/SCA/15746/2026 JUDGMENT DATED: 26/10/2026
(GJHC240765582026)
PRAYER OF SCA NO.15746/2026
“ (A) Your Lordship will be pleased to admit this petition.
(B) Your Lordship will be pleased to allow this petition by
issuing appropriate writ in the form of order quashing and
setting aside the impugned order dated 18.09.2026, passed by
the Hon’ble Principal District Judge, Bhuj-Kachchh in Civil
Misc. Appeal No.22 of 2026, produced at Annexure-A.
(C) During the pendency and final disposal of the present
petition, this Hon’ble Court will be pleased to grant ex-parte
ad-interim injunction staying the operation and
implementation of the impugned order dated 18.09.2026,
passed by the Hon’ble Principal District Judge, Bhuj-Kuchchh
in Civil Misc. Appeal No.22 of 2026, produced at Annexure-A.
(D) Be pleased to pass any other and further order as may be
deemed just, fit and proper, looking to the facts and
circumstances of the case.”
PRAYER OF SCA NO.15710/2026
“ (A) Your Lordship will be pleased to admit this petition.
(B) Your Lordship will be pleased to allow this petition by
issuing appropriate writ in the form of order quashing and
setting aside the impugned order dated 18.09.2026, passed by
the Hon’ble Principal District Judge, Bhuj-Kachchh in Civil
Misc. Appeal No.23 of 2026, produced at Annexure-A.
(C) During the pendency and final disposal of the present
petition, this Hon’ble Court will be pleased to grant ex-parte
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C/SCA/15746/2026 JUDGMENT DATED: 26/10/2026
(GJHC240765582026)
ad-interim injunction staying the operation and
implementation of the impugned order dated 18.09.2026,
passed by the Hon’ble Principal District Judge, Bhuj-Kuchchh
in Civil Misc. Appeal No.23 of 2026, produced at Annexure-A.
(D) Be pleased to pass any other and further order as may be
deemed just, fit and proper, looking to the facts and
circumstances of the case.”
4. After arguing for some time, Mr. Ramnani, learned advocate for
the petitioner does not invite a reasoned order in the matters. Nonetheless,
Mr. Ramnani, learned advocate would submit that any observations made
by the Appellate Court touching the merits of the suit may not come in
the way of the petitioner being the plaintiff and in this regard, suitable
observations may be made.
4.1 Mr. Ramnani, learned advocate would further request this Court to
allow the petitioner to request the Trial Court for expediting the hearing
of the suit.
5. Having heard Mr. Ramnani, learned advocate for the petitioner and
considering his request, which appears to be reasonable, it requires
acceptance. It is made clear that none of the observations so made by the
Appellate Court while allowing the respective Civil Misc. Appeals in
question shall come in the way of the petitioner, inasmuch as those
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C/SCA/15746/2026 JUDGMENT DATED: 26/10/2026
(GJHC240765582026)
observations were only tentative findings and it shall never come in the
way of the parties.
6. So far as the request of the petitioner for expediting the suit is
concerned, considering the nature of the suit and the prayers made
therein, it is open for the petitioner to request the Trial Court for
expediting the suit. In such a case, the Trial Court is hereby directed to
accept such request and expedite the suit proceedings. Subject to
extending the cooperation and support by the parties to the suit, especially
the petitioner herein, the Trial Court may see to it that both suits can be
heard and decided as early as possible, preferably on or before
31.05.2028.
7. It is further made clear that the Trial Court shall have to decide the
lis between the parties as per the evidence forthcoming on the record of
the suit and it shall not be influenced by any of the observations either
made in its own order passed below Exhibit-5 or by the Appellate Court
in the Civil Misc. Appeals in question.
8. It is further made clear that this Court has neither gone into nor
examined the merits of the matters, except what has been observed
hereinabove. The parties to the suit are hereby directed to extend their
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C/SCA/15746/2026 JUDGMENT DATED: 26/10/2026
(GJHC240765582026)
cooperation and support for early adjudication of the suit in question.
9. In view of the above, the present petitions are disposed of as not
pressed.
(MAULIK J.SHELAT,J)
Lalji Desai
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