High Court of Gujarat

BECHARBHAI GANESHBHAI KARNAVATversusANJANA GANESHBHAI RATUBHAI JUDAD

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The appeal is disposed of as not pressed, and permission is granted to join the subsequent purchaser as a party, without examining the merits of the case.

Summary

The appellants, Becharbhai Ganesbhai Karnavat & Anr., sought permission to implead a third‑party purchaser of the suit land as a defendant in the pending suit and injunction application. Their counsel, Mr. Jamshed Kavina and Mr. S.P. Majmudar, informed the court that the appeal against order No. 107 of 2026 was not being pressed. The court, noting the request, granted permission to join the subsequent purchaser once the application for impleadment is adjudicated, and directed that any further relief against that purchaser be sought thereafter. The court expressly stated it did not examine the merits of the underlying dispute. Consequently, the appeal was disposed of as not pressed, and the related civil applications for stay and joining party were also dismissed.

Issues considered

Whether the appeal from order No. 107 of 2026 is pressed and can be disposed of.
Whether the court may grant permission to implead a subsequent purchaser as a defendant in the pending suit.
Whether the connected civil applications survive after the appeal is disposed.

Subjects

civil procedureimpleadmentsubsequent purchaserstay orderappeal not pressedHigh Court of Gujaratjoining party

Judgment

      C/AO/107/2026                                   ORDER DATED: 21/07/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/APPEAL FROM ORDER NO. 107 of 2026
                         With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
        In R/APPEAL FROM ORDER NO. 107 of 2026
                         With
 CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2026
        In R/APPEAL FROM ORDER NO. 107 of 2026
=============================================
          BECHARBHAI GANESHBHAI KARNAVAT & ANR.
                          Versus
          ANJANA GANESHBHAI RATUBHAI JUDAD & ORS.
=============================================
Appearance:
MR JAMSHED KAVINA(11236) for the Appellant(s) No. 1,2
MR SP MAJMUDAR(3456) for the Appellant(s) No. 1,2
=============================================
 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                             Date : 21/07/2026
                              ORAL ORDER

1.    Heard           Mr.S.P.Majmudar,          learned     advocate            with
Mr.Jamshed Kavina, learned advocate for the appellants.


2.    After arguing for some time, under the instructions of
his clients, Mr.Majmudar, learned advocate for the appellants,
does not press this appeal from order.

2.1   Nonetheless, Mr.Majmudar, learned advocate would
submit that during the pendency of the suit/injunction
application filed below Exh.5, defendant Nos.1 to 3 have sold
the suit land in favour of a third party.

2.2   Mr.Majmudar, learned advocate would further submit
that the appellants have also preferred necessary application
to implead that third party purchaser (subsequent purchaser)
to be joined as party defendant in the suit and same is


                                  Page 1 of 2
           C/AO/107/2026                                                              ORDER DATED: 21/07/2026




pending for adjudication. So, it is submitted that once the
subsequent purchaser will be joined in the suit proceedings,
the appellants may be allowed to file necessary application
seeking appropriate relief against the subsequent purchaser.

3.         The permission as sought for is granted.

4.         It is open for the appellants – original plaintiffs to file
appropriate application seeking appropriate relief against the
subsequent purchaser of suit property once he will be joined
in the suit proceedings. As and when such application will be
filed, after giving an opportunity of hearing to the parties
concerned, the Trial Court may decide such application, in
accordance with law.

5.         It is made clear that this Court has neither gone into nor
examined the merits of the matter.

6.         With the aforesaid observations and directions, the
present appeal from order is disposed of, as not pressed.
Consequently, the connected Civil Applications would not
survive and they are also disposed of, accordingly.


                                                                                (MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 21/07/2026 14:49:19




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