RANSURVIRSINH ANIRUDHSINHJI JADEJAversusHARSHVARDHANSINH PRAHALADSINHJI JADEJA

       C/SCA/2958/2026                                  ORDER DATED: 27/07/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 2958 of 2026

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           RANSURVIRSINH ANIRUDHSINHJI JADEJA & ORS.
                            Versus
         HARSHVARDHANSINH PRAHALADSINHJI JADEJA & ORS.
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Appearance:
SHIVANI R MODI(9280) for the Petitioner(s) No. 1,2,3,4,5
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     CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                              Date : 27/07/2026

                                ORAL ORDER

1.      Heard Mr. H.P.Baxi, learned advocate with Ms. Shivani Modi,
learned advocate for the petitioners.

2.      This petition is filed under Article 227 of the Constitution of
India, seeking the following reliefs:-

        (A) YOUR LORDSHIPS may be pleased to issue appropriate Writ,
        order or direction, and to set aside and quashed the order passed by 13 th
        Addl. Sessions Judge, Rajkot rejecting application filed by Appellants to
        grant permission Under Section 96(1) of C.P.C. to file Regular Civil
        Appeal against the ilelgal compromise decree obtained by Fraud in Reg.
        Civil Suit No.127 of 1997 dated 25/06/2007 passed by the 8 th Add.
        Senior Civil Judge, Rajkot. ANNEXURE-A.


        (B) YOUR LORDSHIPS may further be pleased to issue appropriate
        Writ, order or direction to the Principal District Judge, Rajkot to
        register the Civil Regular Appeal filed by Appellants and to decide the
        Appeal on merits.
        (C) YOUR LORDSHIPS be pleased to grant such other and further
        reliefs as deemed fit in the interest of justice.”




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        C/SCA/2958/2026                                               ORDER DATED: 27/07/2026




3.        At the outset, it has been pointed by Mr. Baxi, learned advocate
for the petitioners that in the impugned order passed by the Appellate
Court, it has been specifically observed that the petitioners have remedy
to approach the Trial Court who passed the consent decree and in view
of the judgment of the full Bench of this Court in the case of Sakina
Sultanali Sunesara (Momin) & Ors. Vs. Shia Imami Ismaili
Momin Jamat Samaj & Ors. reported in 2020 (1) GLR 586,
remedy available with the petitioners is to approach the Trial Court who
passed the consent decree.

4.        Having taken note of the aforesaid facts and position of law, Mr.
Baxi, learned advocate for the petitioners, under the instructions of his
clients, does not press this petition at this stage with a liberty to
approach the Trial Court, who passed the consent decree.

5.        The permission, as prayed for, is granted. It is open for the
petitioners to file an appropriate application before the Trial Court
concerned who passed the consent decree.

6.        Once such application will be filed, after giving an opportunity of
hearing to parties concerned, the Trial Court shall decide such
application in accordance with law, without being influenced by any of
the observations made either by this Court or by the Appellate Court in
its impugned order.

7.        With the aforesaid observations and directions, the present
petition is disposed of as not pressed.


                                                                   (MAULIK J.SHELAT,J)
Lalji Desai

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: LALJI DESAI(HC01558), PRIVATE SECRETARY, at High Court of Gujarat on 27/07/2026 18:55:21




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