MOHMAD ABDULKADIR USMANIversusLATE FAKHRUDDIN ABDULRAHIM VAVKUNDALIWALA SINCE DECEASED THROUGH LEGAL HEIRS
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- R T VACHHANI
Holding
The impugned order dated 23 April 2026 is quashed and set aside, and the application must be reheard afresh.
Summary
The appellant, Mohmad AbdulKadir Usmani, appealed against an order dated 23 April 2026 passed by the 2nd Additional Civil Judge, Panchmahals, in Regular Civil Suit No.40 of 2026. The appellant argued that the order, recorded as Ex.7, should be set aside. The High Court, noting that the parties had reached a consensus that the order required quashing, decided not to examine the merits of the underlying dispute. It quashed and set aside the impugned order and directed the trial court to rehear the application afresh, giving both sides an opportunity to be heard within a month. The court emphasized that the parties must raise all available contentions and cooperate for an expeditious disposal, and clarified that it had not delved into the merits of the case.
Issues considered
- What procedural grounds justify quashing the order dated 23 April 2026 passed by the 2nd Additional Civil Judge?
- Whether the trial court should rehear the application Ex.7 afresh after setting aside the earlier order?
Subjects
Judgment
C/AO/81/2026 ORDER DATED: 20/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/APPEAL FROM ORDER NO. 81 of 2026
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MOHMAD ABDULKADIR USMANI
Versus
LATE FAKHRUDDIN ABDULRAHIM VAVKUNDALIWALA SINCE
DECEASED THROUGH LEGAL HEIRS & ORS.
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Appearance:
MR DIPAK H SINDHI(5710) for the Appellant(s) No. 1
MR. ALTAF Y CHARKHA(7271) for the Respondent(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.2,1.3,1.4,1.5,1.6
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CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 20/05/2026
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Learned advocate for the appellant submitted that
respondent Nos.1.1.1 to 1.6 are caveators and the remaining
concern respondents, even in the original proceedings, are
not contesting the matter. However, in order to avoid any
technical objection, they have been impleaded as necessary
parties.
3. Since the learned advocates appearing for the
respective parties have arrived at a consensus that the
impugned order below Ex.7 passed in Regular Civil Suit No.40
of 2026 on 23.04.2026, is required to be quashed and set
aside, liberty is reserved to the concerned parties to raise all
contentions available to them.
4. Considering the aforesaid factual aspect and
without dwelling further on the merits of the case, the
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C/AO/81/2026 ORDER DATED: 20/05/2026
impugned order dated 23.04.2026 passed by the learned 2 nd
Additional Civil Judge, Panchmahals at Godhra below Ex.7 in
Regular Civil Suit No.40 of 2026, is hereby quashed and set
aside. The learned Trial Court is directed to decide the
application below Ex.7 afresh, after affording an opportunity
of hearing to both side, in accordance with law and without
being influenced by the observations made in this order and
earlier order, as expeditiously as possible, preferable within a
period of one month from the date of receipt of this order. The
parties shall raise all contentions available to them. Both the
parties shall co-operate in expeditious disposal of the matter.
5. With these observations and directions, the present
Appeal From Order stands disposed of accordingly.
6. It is made clear that this Court has not gone into
the merits of the case.
Direct service is permitted.
(R. T. VACHHANI, J)
MANOJ
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR(HC01092), PRIVATE SECRETARY, at High Court of Gujarat on 20/05/2026 12:36:02
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