ASHRAF YUNUS AGHADI vs VIPUL MANSUKHLAL BHADANI

Court
Gujarat High Court

C/SCA/24051/2022 JUDGMENT DATED: 02/11/2026
(GJHC240728892022)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 24051 of 2022

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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Approved for Reporting Yes No
√
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ASHRAF YUNUS AGHADI
Versus
VIPUL MANSUKHLAL BHADANI & ORS.
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Appearance:
MR MJ MEHTA(5797) for the Petitioner(s) No. 1
MR SAURABH J MEHTA(2170) for the Petitioner(s) No. 1
M/S.VYAS ASSOCIATES(1559) for the Respondent(s) No. 1
MR DA SANKHESARA(5955) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 3
NOTICE UNSERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 02/11/2026
ORAL JUDGMENT
1. Heard Mr.M.J.Mehta, learned advocate for the petitioner
and Mr.D.A.Sankhesara, learned advocate for respondent
No.1. The presence of other respondents is not required for
adjudication of this petition.
2. Rule returnable forthwith. Mr.Sankhesara, learned
advocate waives service of notice of Rule on behalf of
respondent No. 1.
2.1 With the consent of learned advocates for the respective
parties, the matter is taken up for hearing.
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C/SCA/24051/2022 JUDGMENT DATED: 02/11/2026
(GJHC240728892022)
3. The present petition is filed under Article 227 of the
Constitution of India, seeking the following reliefs :
The Hon'ble Court may be pleased to admit and
“(A)
allow this petition;
(B) The Hon'ble Court may be pleased to call for the
record and proceedings of Special Civil Suit No.605 of
2015 from the Court of Leamed Fifth Additional Senior
Civil Judge, Surat and after perusal of the same, be
pleased to quash and set aside the impugned order
dated 12.7.2022 passed by the Learned Fifth
Additional Senior Civil Judge, Surat below application
Ext-49, and further be pleased to grant reasonable
time to the Petitioner to comply with the order dated
21.2.2022 passed by the Learned Trial Court below
application Ext 33, 35 and 37 in the interest of justice.
(C) Pending admission hearing and final disposal of
this petition, the Hon'ble Court may be pleased to stay
further proceedings of Special Civil Suit No.605 of
2015 pending before the Learned Fifth Additional
Senior Civil Judge, Surat.
(D) The Hon'ble Court may be pleased to grant ad-
interim relief in terms of Paragraph No. 7 (C) above;”
4. Mr.Mehta, learned advocate for the petitioner would
state, under the instructions of his client, that the petitioner,
being original defendant No.2, is ready and willing to comply
with the order dated 21.02.2022 passed by the trial court
below Exhibits 33, 35 and 37 in the suit in question, if a
reasonable time may be given to the petitioner to disclose and
declare all his immovable and movable, sole ancestral
properties and properties belonging to the name of the
petitioner's business.
4.1 Mr. Mehta, learned advocate for the petitioner would
submit that so far as the impugned application filed by
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C/SCA/24051/2022 JUDGMENT DATED: 02/11/2026
(GJHC240728892022)
respondent No.1-plaintiff is concerned, reasonable
opportunity ought to have been given to the petitioner to
respond and the trial court ought not to have discarded the
written statement and evidence of the petitioner- defendant
No. 2.
5. Per contra, Mr.Sankhesara, learned advocate for
respondent No.1 would submit that by imposing reasonable
costs and in a time-bound manner, if the petitioner is ready to
submit and disclose his immovable and movable, sole
ancestral properties and properties belonging to the name of
the petitioner's business before the trial court, an appropriate
order may be passed in the interest of justice.
6. Having heard learned advocates for the respective
parties and upon perusal of the impugned application and the
order passed thereon, prima facie, it appears that the trial
court has discarded the evidence of the petitioner, who
happens to be defendant No.2 in the suit in question on the
ground that the petitioner did not comply with its order dated
21.02.2022 passed below Exhibits 33, 35 and 37 in the suit.
7. Since the petitioner is ready and willing to comply with
the aforesaid order passed by the trial court, he would request
for some reasonable time to submit such disclosure and is also
ready to pay the reasonable costs to respondent No.1 as
recorded by this Court vide its order dated 02.12.2022, I pass
the following order :
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C/SCA/24051/2022 JUDGMENT DATED: 02/11/2026
(GJHC240728892022)
7.1 The petitioner - defendant No. 2 is hereby directed to
pay costs of Rs.10,000/- to respondent No.1 herein within a
period of 15 days from the date of receipt of a copy of this
order.
7.2 The petitioner shall have to submit and declare all his
movable and immovable, sole ancestral properties and
properties belonging to the name of his business within 15
days from the date of receipt of a copy of this order.
7.3 Upon complying with the aforesaid directions, the
impugned order dated 12.07.2022 passed by the trial court
below Exhibit 49 in the suit is hereby quashed and set aside.
7.4 Since the suit proceedings were instituted in the year
2015, subject to extending cooperation and support by the
parties to the suit proceedings, the trial court is hereby
requested to expedite the hearing of the suit and/or all
concerned may see to it that the trial court shall hear and
decide lis between the parties as early as possible, preferably
on or before 31.03.2028.
8. With the aforesaid observations and directions, the
present petition is partly allowed. Rule is made absolute to the
aforesaid extent.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
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