Gujarat HC Sets May 2028 Target For Two Suits, Says Earlier Interim-Order Findings Must Not Influence Trial

The petitioner invoked Article 227 of the Constitution to challenge the Principal District Judge, Bhuj-Kachchh’s orders dated 18 September 2026 in Civil Misc. Appeals Nos. 22 and 23 of 2026, seeking to have the orders set aside and their operation stayed.

After argument, the petitioner did not press for a reasoned decision, but asked that observations made by the Appellate Court not prejudice the petitioner at trial and that the Trial Court be asked to expedite the suits.

Article 227 was the constitutional basis invoked for the petitions, but the Court did not state or apply a substantive test for supervisory interference because the petitions were not pressed for a reasoned decision.

The Court directed that observations made in the interlocutory proceedings were tentative and must not influence the parties’ rights or the Trial Court’s determination; the suits were to be decided on the evidence on record.

In light of the petitioner’s decision not to seek a reasoned ruling, the Court did not examine the merits of the challenged appellate orders.

It accepted the petitioner’s request for clarification, stating that the Appellate Court’s observations were tentative and would not prejudice the parties.

It further directed the Trial Court to decide the suits on the evidence, without influence from its own order below Exhibit 5 or the Appellate Court’s observations.

The Court also permitted the petitioner to seek expedition and directed the Trial Court to accept such a request and proceed expeditiously, preferably deciding both suits by 31 May 2028, subject to the parties’ cooperation.

It clarified that prior observations must not influence the trial, directed the Trial Court to decide the suits on the evidence, and ordered expedition, preferably by 31 May 2028, subject to the parties’ cooperation.