High Court of Gujarat

NITIN JAYANTILAL NAYAKversusMAYABEN DALPATBHAI PATEL

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: C DOSHI

Holding

The revision is disposed of without addressing its merits, and the trial court is directed to decide the suit within six months based solely on the evidence before it.

Summary

The petitioners Nitin Jayantilal Nayak and others filed a civil revision (C/CRA/272/2013) against Mayaben Dalpatbhai Patel and others, seeking relief from an order of the trial court in Regular Civil Suit No. 1340 of 2015. Both sides jointly requested the High Court to expedite the final hearing of the suit without the revision court deciding on the merits. Justice J.C. Doshi disposed of the revision, directing the trial court to decide the suit within six months, strictly on the evidence before it and without being influenced by any observations in the impugned order. All factual and legal contentions were left open for determination by the trial court. The interim relief previously granted was discontinued, and the trial court was instructed to frame issues at its next hearing.

Issues considered

Whether the revision application should be entertained on its merits or disposed of for expediting the trial court proceedings
Whether the interim relief granted earlier should continue pending the revision

Subjects

civil revisionexpedited trialinterim reliefhigh court orderprocedure

Judgment

         C/CRA/272/2013                                                   ORDER DATED: 09/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CIVIL REVISION APPLICATION NO. 272 of 2013
 =====================================================
              NITIN JAYANTILAL NAYAK & ORS.
                            Versus
             MAYABEN DALPATBHAI PATEL & ORS.
 =====================================================
 Appearance:
 DECEASED LITIGANT THROUGH LEGAL HEIRS/
 REPRESTENTATIVES for the Applicant(s) No. 2,3
 MR KV SHELAT(834) for the Applicant(s) No. 1
 MR MANAV A MEHTA(3246) for the Opponent(s) No. 1
 NOTICE SERVED for the Opponent(s) No. 2,3,4,5
 =====================================================
  CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
                 Date : 09/01/2026
                   ORAL ORDER
          Upon joint request of learned advocates for both the sides
 for expediting the final hearing of the suit, without entering into
 the merits of the present revision, this revision is disposed of
 directing the trial Court to decide the Regular Civil Suit No. 1340
 of 2015 (Formerly Special Civil Suit No. 876 of 2011) as early as
 possible, preferable within 06 months from the date of receipt of
 this order without being influenced by any observation made in
 the impugned order or disposal of this revision, but strictly on
 the evidence led before it.

          All the factual and legal contentions are kept open. Both
 the parties are directed to cooperate before the trial Court.

          Interim-relief, if any, granted earlier stands discontinued.
 Trial Court is directed to frame the issues on the next date of
 hearing.

                                                                                 (J.C. DOSHI, J.)
 Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 09/01/2026 15:09:36
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