AMISHI JAY SHETHversusKAJALBEN NIMESHBHAI THAKKAR

     C/SCA/10860/2026                                       ORDER DATED: 06/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 10860 of 2026

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                              AMISHI JAY SHETH
                                    Versus
                        KAJALBEN NIMESHBHAI THAKKAR
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Appearance:
MR. RAAJ S. CHOTALIA(18761) for the Petitioner(s) No. 1
MR. SOHAM H. CHAUDHARI(18841) for the Petitioner(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                 Date : 06/08/2026

                                   ORAL ORDER

1.     Heard Mr. Raaj S. Chotalia, learned Advocate with Mr.

       Soham H. Chaudhari, learned Advocate for the petitioner.


2.     The present petition is filed under Article 227 of the

       Constitution of India, seeking the following reliefs:

               “a. That the Hon'ble Court be pleased to admit and allow the
               present petition.

               b. That the Hon'ble Court be pleased to issue a writ of Mandamus
               or a writ in the nature of Mandamus, or any other appropriate
               writ, order, or direction under Article 227 of the Constitution of
               India, directing the Ld. City Civil & Sessions Court, Ahmedabad to
               hear, adjudicate, and 'nally decide the Civil Suit CCC no. 462 of
               2024 as expeditiously possible or a strict time-bound schedule as
               this Hon'ble Court may deem 't in the interest of justice.

               c. That the Hon'ble Court be pleased to issue an appropriate writ,
               order, or direction commanding the Ld. Trial Court to proceed
               with the hearing of the said Application at Exhibit 24 on a day-to-
               day basis without granting any further adjournments to the
               Respondent-Defendant;


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                 d. Pending the admission, hearing, and 'nal disposal of this
                 petition, direct the Ld. Trial Court to submit a status report to this
                 Hon'ble Court regarding the pendency and progress of the suit;

                 e. Pass any such other and further orders as may be deemed just
                 and proper in the facts and circumstances of the case, and in the
                 interest of justice.”


3.       At the outset, Mr. Chotalia, learned Advocate, would submit

         that despite the best efforts made by the petitioner, being the

         plaintiff in the suit in question, neither the application filed

         below Exhibit 24 in the suit nor the trial of the suit progressed

         and the matter was adjourned from time to time. It is

         submitted that as per paragraph No. 24 of the written

         statement filed by the respondent herein, there was a clear

         admission on the part of the respondent-defendant to hand

         over possession and in that view of the matter, the application

         filed below Exhibit 24 requires to be heard and decided by the

         Trial Court as early as possible.


3.1.     Mr. Chotalia, learned Advocate, would request this Court to

         pass appropriate directions to the Trial Court for expediting

         the aforesaid application and so also the trial of the suit.


4.       Having heard Mr. Chotalia, learned Advocate for the

         petitioner and upon perusal of the documents annexed thereto,

         including the aforesaid application filed below Exhibit 24 and


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       C/SCA/10860/2026                             ORDER DATED: 06/08/2026




         the written statement filed by the respondent-defendant, prima

         facie, it appears that the suit was instituted in the year 2024

         seeking possession of the suit property, which was given to the

         respondent on leave and licence basis, and upon determination

         of such licence, as the respondent did not vacate the suit

         premises, the suit came to be filed. As per paragraph No. 24 of

         the written statement filed by the respondent, prima facie, there

         is an admission that possession was to be handed over to the

         petitioner-plaintiff. Accordingly, the petitioner appears to have

         filed an aforesaid application below Exhibit 24 in the suit on

         23.06.2025. For any reasons, after more than one year also, the

         Trial Court has not even adjudicated the aforesaid application.


5.       Having considered the aforesaid facts and circumstances of the

         case at hand and taking into account the nature of the

         controversy germane to the matter, at this stage, without

         further dwelling into any of the issues, this Court would like to

         pass the following directions:


5.1.     The Trial Court is hereby directed to hear and adjudicate the

         application filed by the petitioner below Exhibit 24 in Civil Suit

         No. 462 of 2024 pending before the City Civil Court,



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            C/SCA/10860/2026                                                                   ORDER DATED: 06/08/2026




               Ahmedabad at the earliest. The aforesaid application shall be

               decided by the Trial Court on or before 31.10.2026, as the same

               was filed on 23.06.2025.


    5.2.       In a case where any request will be made by the petitioner for

               expediting the trial of the aforesaid suit, such application shall

               also be heard and decided and accordingly, the trial of the suit

               shall be expedited, in accordance with law.


    5.3.       This Court is conscious of the fact that this order is passed

               without calling upon the respondent. If the respondent is

               having any grievance against the aforesaid directions issued by

               this Court, it is open for the respondent to prefer an

               application seeking modification/recall of this order, but the

               same shall be filed within 15 days from the date of receipt of a

               copy of this order.


    6.         In view of the foregoing discussion, reasons and directions, the

               present petition is disposed of. No order as to costs.

                                                                                               (MAULIK J.SHELAT,J)
    NILESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 06/08/2026 18:45:14




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