LATE RAJESHBHAI DALSUKHBHAI PANCHAL THROUGH HIS LEGAL HEIRS vs LATE DALSUKHBHAI PARSHOTTAMDAS PANCHAL HIS REPRESENTATIVE LEGAL HEIRS

C/SCA/12116/2026 (GJHC240612452026) JUDGMENT DATED: 08/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12116 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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LATE RAJESHBHAI DALSUKHBHAI PANCHAL THROUGH HIS LEGAL
HEIRS & ORS.
Versus
LATE DALSUKHBHAI PARSHOTTAMDAS PANCHAL HIS
REPRESENTATIVE LEGAL HEIRS & ORS.
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Appearance:
VYOM H SHAH(9387) for the Petitioner(s) No. 1
MR HAMESH C NAIDU(5335) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 08/09/2026

JUDGMENT
1. Heard Mr. Vyom H. Shah, learned advocate for the
petitioner and Mr. Hamish C. Naidu, learned advocate for
the respondent No. 2.
2. This petition is filed under Article 227 of the
Constitution of India, seeking the following reliefs:
“A) This Honourable Court may be pleased to issue an
appropriate order or direction directing the learned City
Civil Court, Ahmedabad, to accord priority to the hearing
of Civil Suit No. 340 of 2021 (Ann.A) and to hear and
finally decide the same within such time-bound period as
may be deemed fit and proper by this Hon'ble Court;
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C/SCA/12116/2026 (GJHC240612452026) JUDGMENT DATED: 08/09/2026
B) Pending the admission, hearing and final disposal of
the present petition, direct the learned City Civil Court,
Ahmedabad, to take up Civil Suit No. 340 of 2021
(Ann.A) for priority hearing and proceed with the trial on
an expedited basis and, as far as possible, conclude the
proceedings within the time that may be stipulated by
this Hon'ble Court;
C) Pass such other and further order or orders as may be
deemed just, fit and proper in the facts and
circumstances of the case.”
3. At the outset, it is required to be noted that the
presence of respondent No. 2 was not necessary for
adjudication of the prayer made in this petition. Since the
respondent No. 2 is already joined, at the request of this
Court, Mr. Naidu, learned advocate, appearing for the
respondent No. 2 has assisted in the matter.
3. Having heard learned Counsels for the respective
parties and considering the fact that the suit filed by the
petitioner herein before the City Civil Court, Ahmedabad,
is pending since 2021, and prima facie , it seems that
there is a family dispute between the plaintiffs and
defendants in relation to the suit property, it is desirable
that the Trial Court can expedite the hearing of the suit
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C/SCA/12116/2026 (GJHC240612452026) JUDGMENT DATED: 08/09/2026
subject to the cooperation extended by the parties to the
suit.
4. Accordingly, I pass the following order.
4.1. The Trial Court is hereby requested to hear and
decide the lis between the parties as early as possible
preferably on or before 30.06.2028. The parties are
directed to extend their cooperation and support to the
Trial Court for early adjudication of Civil Suit No. 340 of
2021 pending before the City Civil Court, Ahmedabad.
4.2. All miscellaneous applications filed by the respective
parties shall be decided at the earliest by the Trial Court
and it is needless to say that unnecessary adjournments
may be avoided by the parties for early adjudication of
the applications as well as the suit.
5. The aforesaid direction is issued without calling the
respondent Nos. 1.1 to 1.3, if they are seriously aggrieved
by the aforesaid direction, it is open for them to file an
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C/SCA/12116/2026 (GJHC240612452026) JUDGMENT DATED: 08/09/2026
appropriate application seeking recall/modification of this
order, but such application shall be filed within one
month from the date of receipt of copy of this order.
6. In view of the aforesaid observation and direction,
the present petition is disposed of. It is made clear that
this Court has never gone into nor examined the merits of
the matter except what has been observed herein above.
(MAULIK J.SHELAT,J)
SHAHANAZ
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