High Court of Gujarat

HARDIK LAXMANBHAI PATELversusDAKSHABEN D/O CHANDULAL MULSHANKAR PUROHIT

Disposal: 33-CA DISPOSED OF
Bench: ILESH VORAR T VACHHANI

Holding

The High Court held that the pending civil suit may proceed on its merits and therefore disposed of the application for leave to appeal.

Summary

The applicants filed a civil application seeking leave to appeal a judgment and decree dated 17‑02‑2025 passed by the 2nd Additional Senior Civil Judge, Gandhinagar, in Special Civil Suit No.9 of 2019. The judgment rejected the plaint on the ground that the original plaintiff had executed an agreement to sell in favour of the applicants, and the defendants had obtained relief under Order VII Rule 11(d) of the CPC. The applicants argued that neither the original plaintiff nor the defendants had challenged that order and that the present suit for specific performance is still pending before the civil court. The High Court observed that, because the suit remains pending, the parties are free to raise all contentions before the trial court and that the impugned judgment does not bar the pending suit. Consequently, the court disposed of the application for leave to appeal, directing that the civil suit be decided on its merits without reference to the earlier decree.

Issues considered

Whether leave to appeal can be granted when the substantive suit is still pending before the trial court
Whether the earlier judgment and decree affect the parties' rights in the pending suit

Legislation cited

Code of Civil Procedure, 1908s. Order VII Rule 11(d)

Subjects

Leave to appealCivil Procedure CodeOrder VII Rule 11(d)Specific performancePending suitJudgment disposal

Judgment

     C/CA/5410/2025                                ORDER DATED: 07/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 5410 of 2025

                      In F/FIRST APPEAL/27791/2025

                             With
   CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025 In R/CIVIL
                  APPLICATION NO. 5410 of 2025
                               In
                F/FIRST APPEAL NO. 27791 of 2025
                             With
                F/FIRST APPEAL NO. 27791 of 2025
==========================================================
              HARDIK LAXMANBHAI PATEL & ORS.
                          Versus
    DAKSHABEN D/O CHANDULAL MULSHANKAR PUROHIT & ORS.
==========================================================
Appearance:
MR TATTVAM K PATEL(5455) for the Applicant(s) No. 1,2,3
DECEASED LITIGANT for the Respondent(s) No. 13,5,9
MR JC VYAS(992) for the Respondent(s) No. 29,30,31,32,33,34,35
MR JIGAR D DAVE(6528) for the Respondent(s) No. 13.2,13.3,13.4
MR. ASHOK A PUROHIT(6267) for the Respondent(s) No. 58,59,61
NOTICE SERVED for the Respondent(s) No.
1,14,15,17,18,19,20,21,22,23,28,37,39,44,47,48,49,50,51,5.1,52,5.2,53,5.3,5.
4,55,5.5,56,5.6,57,67,68,71,72,73,76,77,78,84,87,9.1,9.2,9.3,9.4,9.5
NOTICE THROUGH SPEED POST SERVED for the Respondent(s) No. 24
NOTICE THROUGH SPEED POST UNSERVED for the Respondent(s) No.
25
NOTICE UNSERVED for the Respondent(s) No.
10,11,12,16,2,26,27,3,36,38,4,40,41,42,43,45,46,54,6,60,62,63,64,65,66,69,7
,70,74,75,79,80,81,82,85,86
SERVED BY AFFIX(N) for the Respondent(s) No. 83
UNSERVED EXPIRED (N) for the Respondent(s) No. 13.1,8
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                             Date : 07/07/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)


                                  Page 1 of 4
     C/CA/5410/2025                                      ORDER DATED: 07/07/2026




ORDER IN CIVIL APPLICATION (FOR LEAVE TO APPEAL)
NO.5410 OF 2025 :


1.            By way of filing the present Civil Application for
leave to appeal, the applicants herein have sought to
challenge the judgment and decree passed on 17.2.2025
below Exh.115 by the learned 2 nd Additional Senior Civil
Judge, Gandhinagar in Special Civil Suit No.9 of 2019.


2.            Upon        being    served         with   the     process,          the
respondents have entered the appearance.


3.            The entire gamut of the case as reflected from the
material on record is that the present applicants seek leave
to file the appeal inter alia challenging the aforesaid
judgment and decree mainly on the ground that the original
plaintiff had executed the agreement to sell in favour of the
applicants. Subsequent thereto, the original plaintiff filed
the aforesaid suit against the defendants, however, in the
aforesaid suit, an application was moved under the
provisions of Order VII, Rule 11(d) of the CPC by the original
defendants – respondents herein which came to be allowed.
It further transpires as submitted by learned counsel
appearing for the respective parties that neither the original
plaintiff     –       respondent    No.1          nor    the    defendants           –
respondents herein have challenged the aforesaid order,
instead thereof, the present applicants have sought leave to
file the appeal. It is also submitted by learned counsel for
the applicants herein that even the applicants herein have
also filed the suit for specific performance before the Civil

                                    Page 2 of 4
     C/CA/5410/2025                                  ORDER DATED: 07/07/2026




Court which is pending and awaiting for final disposal on
the basis of the aforesaid agreement to sell executed by the
respondent No.1 herein in favour of the applicants herein.


4.            In view of the aforesaid factual position and as
contended by learned counsel for the respective parties,
since the suit is pending before the concerned Civil Court,
the applicants herein would be at liberty to raise all the
contentions available to them without their rights being
affected by the impugned judgment and decree dated
17.2.2025 passed below Exh.115 by the learned                                  2 nd
Additional Senior Civil Judge, Gandhinagar in Special Civil
Suit No.9 of 2019.


5.            In      view   of   the    aforesaid    observations,            the
concerned Civil Court before whom the Civil Suit is pending
shall decide the suit on its own merits without being
influenced by the rejection of the plaint by the impugned
judgment        and     decree    dated      17.2.2025      passed        below
Exh.115 by the learned 2nd Additional Senior Civil Judge,
Gandhinagar in Special Civil Suit No.9 of 2019.


6.            Subject to the aforesaid observations, the present
Civil Application stands disposed of.


ORDER IN CIVIL APPLICATION (FOR AMENDMENT) NO.1
OF 2025 :


              In view of the above order, the Civil Application
stands disposed.

                                   Page 3 of 4
         C/CA/5410/2025                                                    ORDER DATED: 07/07/2026




 ORDER IN F/FIRST APPEAL NO. 27791 of 2025 :


                    Consequently, F/First Appeal No.27791 of 2025
 also stands disposed of accordingly.



                                                                                   (ILESH J. VORA,J)




                                                                                (R. T. VACHHANI, J)
 H.M. PATHAN




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: HABIBULLAKHAN MOHAMMADKHAN PATHAN(HC00167), GOV, at High Court of Gujarat on 07/07/2026 17:34:33




                                                  Page 4 of 4

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