SHAH JAGDISHKUMAR BABULAL (CORRECT NAME SHAH JAYESHKUMAR BABULAL) vs LEGAL HEIR OF DECEASED MAFATLAL HANSRAJ VARIYA
- Court
- Gujarat High Court
C/SCA/12620/2026 (GJHC240664012026) JUDGMENT DATED: 08/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12620 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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SHAH JAGDISHKUMAR BABULAL (CORRECT NAME SHAH
JAYESHKUMAR BABULAL)
Versus
LEGAL HEIR OF DECEASED MAFATLAL HANSRAJ VARIYA & ANR.
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Appearance:
MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1
MR BHAVIN D KAPADIYA(11904) for the Respondent(s) No. 1.1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 08/09/2026
JUDGMENT
1. Heard Mr. Nishit P. Gandhi, learned advocate for the petitioner as
also Mr. Mehul Sharad Shah, learned advocate assisted by Mr. Bhavin D.
Kapadiya, learned advocate for respondent No.1.1 - Caveator.
2. Rule returnable forthwith. Mr. Bhavin D. Kapadiya, learned
advocate waives service of notice of Rule for and on behalf of respondent
No.1.1.
3. The present petition is filed under Article 227 of the Constitution
of India, seeking the following reliefs:-
“ (A) YOUR LORDSHIPS may be pleased to issue a writ of
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certiorari or a writ in the nature of certiorari or any other
appropriate writ, order or directions quashing and setting
aside the impugned order dated 25.08.2026 passed by the
th
learned 6 Additional District Judge, Deesa below Exh-37
application in Regular Civil Appeal no.19/2023 (At
Annexure-C) and further be pleased to allow the Exh. 37
Application in Regular Civil Appeal no.19/2023 (At
Annexure-A);
(B) During the pendency and final disposal of the present
petition YOUR LORDSHIPS may be pleased to direct the
parties to maintain status-quo with regard to suit property
of Regular Civil Suit no.9/16;
(C) Pass any such other and/or further orders that may be
thought just and proper, in the facts and circumstances of
the present case;”
4. After arguing for some time, Mr. Nishit P. Gandhi, learned
advocate for the petitioner, under the instructions of his client, would
inform this Court that the petitioner is ready to handover the key of shop
No.1 in question in favour of the receiver of the Court until the final
outcome of the appeal in question, and would request this Court that the
appeal may be expedited. It is informed to this Court by Mr. Gandhi,
learned advocate, under the instruction of his client that there is a
partition in the shop No.1 in question and whereby shop No.2 is
separated. The petitioner is ready not to use such portion of shop No.1
which may be remained locked until final disposal of the appeal in
question.
5. Per contra, Mr. Shah, learned advocate would also agree to the
suggestion made by Mr. Gandhi, although under the instruction of his
client. Mr. Shah, learned advocate, would submit that since there is a
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partition between shop Nos.1 and 2, which may be locked until the final
outcome of the appeal, and key may be retained by the receiver, which
may be appointed by appellate Court. It is submitted that during the
pendency of the appeal, the petitioner herein may not be allowed to use
entire shop No.1 in question.
6. Thus, it is jointly submitted by learned advocates for the respective
parties under the instruction of their respective clients that such
arrangement may continue until the final outcome of the appeal in
question, and the moment the appeal gets decided, whosoever succeeds in
the appeal, the appellate Court may be directed to pass appropriate orders
to handover the key of shop No.1 to the party who succeeds in the appeal.
7. Having heard learned advocates for the respective parties, and
since there is a broad consensus between the parties, whereby they agreed
that during the pendency of Regular Civil Appeal No.19 of 2023, which
th
is pending before the 6 Additional District Judge, Deesa, the possession
of an area of shop No.1 in question which can be covered by closing the
partition, shall be remained with the receiver, which may be appointed by
the Appellate Court, considering the peculiar facts and circumstances of
the case, without expressing anything on merits, I would like to accept
such request, and accordingly, I pass the following order:-
7.1 The petitioner herein is hereby directed to close the existing
partition in shop No.1, whereby shop No.2 can be separated and after
closing shop No.1 in question, by use of lock and key, the key shall be
handed over to the receiver, who shall be appointed by the Appellate
Court at the earliest.
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7.2 The Appellate Court is hereby requested to appoint any responsible
person as a receiver, who shall receive the key from the petitioner of shop
No.1 in question. If so required, at the time of applying lock and handing
over its key to the receiver, a necessary panchnama shall be carried out by
the receiver in the presence of the parties, and along with his
report/panchnama, the receiver shall have to handover the key to the
Registrar of the District Court concerned. The Registrar concerned shall
retain the key until final adjudication of the aforesaid appeal.
7.3 The Appellate Court is hereby requested to hear and adjudicate
Regular Civil Appeal No.19 of 2023 as early as possible. The Parties
shall extend their cooperation to the Appellate Court for the early hearing
of the said appeal. The aforesaid appeal shall be heard and decided by the
st
Appellate Court preferably on or before 31 December 2026, subject to
the parties shall cooperate for early hearing of the appeal.
7.4 Since it is agreed between the parties that whosoever succeeds in
the aforesaid appeal, the Appellate Court shall handover the key of shop
No.1, accordingly, the Appellate Court shall pass appropriate order in this
regard at the time of final disposal of the aforesaid appeal and the key
shall be handed over to the party who succeeds in the aforesaid appeal.
8. It is hereby observed that the aforesaid directions issued as an
interim arrangement during pendency of the aforesaid appeal and after the
final disposal of the aforesaid appeal, at least losing party in the appeal
will not claim any equity and/or would request either Appellate Court or
the higher forum to continue such arrangement further. Yet, the recourse
which will be available to the losing party to approach higher forum, and
the further order which shall be passed by the higher forum, the parties
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shall have to abide by that order.
9. It is needless to say that in view of the aforesaid directions issued
by this Court, the executing Court is not required to execute the
possession warrant which may be issued in the execution proceeding.
10. In view of the aforesaid, the impugned order is modified to the
aforesaid extent.
11. With the aforesaid observations and directions, the present writ
petition is partly allowed to the aforesaid extent. Rule is made absolute
accordingly. No order as to costs.
(MAULIK J.SHELAT,J)
Lalji Desai
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