RAVJI JADVA KHETANI vs JADVA RUDA MAJI KHETANI

Court
Gujarat High Court

C/SCA/5930/2024 JUDGMENT DATED: 30/10/2026
(GJHC240247612024)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5930 of 2024
FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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Approved for Reporting Yes No
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RAVJI JADVA KHETANI
Versus
JADVA RUDA MAJI KHETANI & ORS.
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Petitioner(s) No. 1
MR RAHUL K DAVE(3978) for the Petitioner(s) No. 1
ADVOCATE NOTICE SERVED for the Respondent(s) No. 2,3
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 30/10/2026

JUDGMENT
1. Heard Mr. Kirtidev Dave, learned advocate for the
petitioner and Mr. Manoj Solanki, learned advocate for the
respondents.
2. Mr. Manoj Solanki, learned advocate has instructions to
appear on behalf of respondents. Registry shall accept his
vakalatnama.
3. Rule returnable forthwith. Learned advocate Mr. Solanki
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C/SCA/5930/2024 JUDGMENT DATED: 30/10/2026
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waives service of notice of rule on behalf of the respondents.
4. This petition is filed under Article 227 of the Constitution
of India, seeking following reliefs:
“a. Your Lordships be pleased to admit this petition.
b. Your Lordships be pleased to issue writ of certiorari or any other
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appropriate writ direction or order holding that the order by the Ld. 8
Additional District Judge, Bhuj by order dated 16-03-2024 in
Miscellaneous Civil Appeal No. 52 of 2023 [Annexture-C] is bad in law
and it be quashed and set aside and the order of the Trial Court
[Annexture-B] be resptred.
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c. Your Lordships be pleased to stay order passed by the Ld. 8
Additional Districe Judge, Bhuj by order dated 16-03-2024 in
Miscellaneous Civil Appeal No. 52 of 2023 pending admission, hearing
and final disposal of this petition.
d. Your Lordships be pleased to grant any other relief/s as may be
deemed fit in the facts and circumstances of the case.”
5. At the outset, it is required to be observed that while
issuing notice on 06.05.2024, my predecessor passed following
order:
“1. Heard learned advocate Mr. Kirtidev R. Dave for the petitioner.
2. Considering the submissions that the trial Court has granted status
quo qua the 4 acre out of the huge land which the present petitioner
claims that the said land is in his share pursuant to the writing
executed by the father. The trial Court has partly allowed that
application. The Lower Appellate Court has allowed the MCA No.52 of
2023 by observing that the order passed by the trial Court is erroneous
and accordingly, the said order was quashed and set aside.
3. Considering the submissions made at the bar by the learned
advocate for the petitioner, issue Notice , returnable on 18.06.2024 . In
addition to normal mode of service, direct service is permitted.
4. It is pointed out that vide order dated 20.03.2024, the Lower
Appellate Court has extended the status quo for a period of 30 days.
However, that period has expired and now the matter is considered
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today for interim relief.
5. Therefore, the status quo as on today is required to be maintained
qua the 4 acre of land in question which is claimed by the present
petitioner till the next date of hearing.”
SUBMISSIONS ON BEHALF OF PETITIONER:
6. Mr. Dave, learned advocate for the petitioner, would
submit that until date, the order of the status quo granted in
the matter is in operation and as such, the suit in question
reached at the stage of final arguments.
6.1 Mr. Dave, learned advocate would further submit that the
petitioner has submitted his written argument and next date of
hearing fixed by the Trial Court is on 25.11.2026. Thus, Mr.
Dave, learned advocate would request this Court to continue
the order of status quo until final adjudication of the suit.
SUBMISSIONS ON BEHALF OF RESPONDENTS:
7. Per contra , Mr. Solanki, learned advocate for the
respondents, would submit that since last so many occasions,
the petitioner is seeking adjournment before the Trial Court
and for such reason, the matter before the Trial Court is
adjourned from time to time.
7.1 Nonetheless, Mr. Solanki, learned advocate would agree
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that if this Court, issue any direction for early adjudication of
the suit in question, the respondents are not inviting any
reasoned order in the matter.
ANALYSIS:
8. Having heard learned advocates for the respective
parties and considering the fact that all throughout, the order
of the status quo is operated and the suit in question already
reached at the stage of final argument as can be seen from the
case status of the suit, it would be appropriate that the order
of the status quo granted by this Court vide its order dated
06.05.2024 shall remain continue until final disposal of Regular
Civil Suit No.88 of 2022 pending before learned Principal Senior
Civil Judge, Bhuj.
9. At the same time, the parties are hereby directed to
extend their full support and cooperation to the Trial Court for
early adjudication of the lis between the parties. If the
petitioner-plaintiff has submitted his written argument, at the
earliest, the respondent shall conclude their oral/written
arguments.
10. After hearing the parties, the Trial Court is hereby
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directed to decide the aforesaid suit as per the evidence
forthcoming on the record of the case and without being
influenced by any of the observation made by this Court and/or
by Appellate Court/Trial Court in any of its order, but it shall
have to decide the suit in accordance with law, preferably on
or before 31.01.2027.
11. In view of the foregoing discussion and reasons, the
present petition is partly allowed. Rule is made absolute to the
aforesaid extent. No order as to costs.
(MAULIK J.SHELAT,J)
DEEPAK GEHLOT
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