High Court of Gujarat

ILABEN PRAFULLBHAI PANDYAversusSHANTILAL DANABHAI KIDECHA

Disposal: DISPOSED AS INFRUCTUOUS
Bench: NIRAL R MEHTA

Holding

The petition does not survive for consideration and is dismissed.

Summary

The petitioner filed Special Civil Application No. 15707 of 2015 challenging an order dated 18 June 2015 (Exhibit 29) passed in Regular Civil Suit No. 179 of 2006. The trial court had already disposed of the suit by a judgment on the same date. The High Court held that since the suit was already disposed, the special civil application could not be entertained. Consequently, the petition was dismissed and any interim relief that had been granted was vacated. All pending applications, if any, were consigned to the records.

Issues considered

Whether a Special Civil Application filed after the disposal of the original suit is maintainable.

Subjects

Special Civil Applicationmaintainabilitydismissalinterim reliefvacatedpending applications

Judgment

         C/SCA/15707/2015                             ORDER DATED: 30/06/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 15707 of 2015
==================================================
                             ILABEN PRAFULLBHAI PANDYA
                                       Versus
                            SHANTILAL DANABHAI KIDECHA
==================================================
Appearance:
HCLS COMMITTEE(4998) for the Petitioner(s) No. 1
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1
RULE SERVED for the Respondent(s) No. 1
==================================================

  CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
        ARAVIND KUMAR

                                 Date : 30/06/2022

                                   ORAL ORDER

           The present Special Civil Application has been filed
challenging the order dated 18.6.2015 passed below Exhibit 29
in Regular Civil Suit No.179 of 2006.

           The suit itself having been disposed of by the trial court by
order / judgment dated 18.6.2015, the present petition would
not survive for consideration and accordingly, it stands
dismissed. Interim relief, if any, stands vacated.

           All pending applications, if any, stands consigned to
records.


                                                     (ARAVIND KUMAR,CJ)
Bharat




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