MUKESH DALPATBHAI PARMARversusSTATE OF GUJARAT

     C/SCA/5244/2025                            ORDER DATED: 10/02/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 5244 of 2025
===================================================
             MUKESH DALPATBHAI PARMAR
                          Versus
               STATE OF GUJARAT & ORS.
===================================================
Appearance:
HAMIDUDDIN N BHAISAHEB(8168) for the Petitioner(s) No. 1
MR. UMESH K SHARMA(17728) for the Petitioner(s) No. 1
MR. PARTH J BRAHMBHATT(9373) for the Petitioner(s) No. 1
MR. JAY BAROT, AGP for the Respondent(s) No. 1,2,3,4
===================================================
 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 10/02/2026

                              ORAL ORDER

1.             Leave to amend the party respondent no.4. The same

is allowed and directed to be carried-out forthwith.


2.             Issue   Rule, returnable forthwith. Mr. Jay Barot,

learned Assistant Government Pleader waives service of Rule for

and on behalf of the respondent – State authorities.


3.             Heard Mr. Parth J. Brahmbhatt, learned advocate

appearing for the petitioner and Mr. Jay Barot, learned Assistant




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Government         Pleader    appearing     for   the   respondent       –    State

authorities.


4.             By way of the present petition, the petitioner is

constrained to invoke Article- 226 of the Constitution of India,

wherein,      by       the   impugned     communication       /    order     dated

06.02.2025, the respondent no.4 declined to mutate the entry of

lis-pendense registered at serial no. 12038 of 2024 before the

Sub-Registrar, Gorwa-Vadodara in the revenue record of Village:

Hinglot, Tal. & Dist.: Vadodara (Annexure-A and B respectively),

mainly relying on the circular dated 30.05.2022 bearing No.

HKP/102022/916/J/Sachivalay/Gandhinagar, which provides that

for the provision of the Gujarat Land Revenue Code in the

revenue record, concerned Judicial Court can pass appropriate

order for recording the lis-pendense in an entry.


5.             Mr. Brahmbhatt, learned advocate, relies on the order

passed in SCA No. 1877 of 2023 dated 14.02.2023 and submits

that the aforesaid issue is no longer res-integra, wherein, the

Court from time to time had directed to record the mutation of



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      C/SCA/5244/2025                                ORDER DATED: 10/02/2026




the entry of lis-pendense.


6.              Mr. Jay Barot, learned AGP is not in a position to

controvert the aforesaid submissions made by Mr. Brahmbhatt,

learned advocate appearing for the petitioner.


7.              The present petition is governed by the position of

law as laid down in the case of Dipakbhai Manilal Patel & Anr.

v/s. State of Gujarat & Anr. reported in 2007 2 GLR 1297 and

order dated 14.02.2023 passed in SCA No. 1877 of 2023. At this

stage, it is apposite to refer to the order dated 14.02.2023 passed

in SCA No. 1877 of 2023, wherein, the aforesaid ratio laid down

in Dipakhai (supra) has also referred in the said order. Para-7 of

the order dated 14.02.2203, reads thus:


     “7. As noted hereinabove, this Court in identical case, in the case of
     Dipakbhai Manilal Patel and Anr. (supra) has observed thus:

         “5. If the provisions of Section 52 read with aforesaid
         amendment for Gujarat State are considered, the principles
         of lis pendens would apply to a transaction if entered
         after institution of Suit only, if such notice of lis pendens
         is registered under the Indian Registration Act, 1908 and as
         per the provisions of the amendment, the notice of
         pendency of the suit should contain the details as per
         subsection 2 of the amendment in Section 52, which is
         applicable to the Gujarat State. The essential purpose of


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        the aforesaid amendment is to see that any person who
        may be interested to purchase the property when
        undertakes the title search of the property with the sub-
        registrar, the person concerned would be put to notice that
        a particular suit is pending before the competent Court and
        therefore, he may not be misguided or if with conscious
        knowledge, the person concerned has purchased the
        property, the purchaser may not be in a position to
        contend that he was not aware about the pendency of the
        litigation and consequently, the Suit may not be frustrated
        or the principles of lis pendens can have its full effect as
        per the provisions of Transfer of Properties Act.

        6. Therefore, it appears that the stand of the Mamlatdar
        that such documents is not as per the provisions of the
        Transfer of the Properties Act is not correct and once a
        registered document is there, pertaining to the property in
        question, it is required for the Mamlatdar to enter the
        same in the revenue record of the Government. Of course,
        after undertaking the procedure, as may be required under
        the Bombay Land Revenue Code or other relevant law of
        giving notice to the affected party and thereafter to mutate
        the entry.

        7. In view of the aforesaid, the order dated 19.07.2006
        passed by Mamlatdar(Annexure-C) is quashed and set aside
        with the direction that Mamlatdar shall treat the document
        as valid as per the provisions of the Transfer of Properties
        Act read with the provisions of India Registration Act and
        shall further proceed in accordance with law for entering
        the same in the relevant record after undergoing the
        procedure as required under the Bombay Land Revenue
        Code read with the provisions of Gujarat Land Revenue
        Rules.”



8.             In light of the aforesaid position of law as referred to

herein-above and also the government circular dated 30.05.2022,

the impugned order passed by the respondent no.4 dated


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         C/SCA/5244/2025                                                            ORDER DATED: 10/02/2026




06.02.2025 is required to be quashed and set aside and hereby

quashed and set aside. The respondent no.4 to mutate the entry

of lis-pendense registered at serial no. 12038 of 2024 before the

Sub-Registrar, Gowa-Vadodara in the revenue record of Village:

Hinglot, Tal. & Dist.: Vadodara, regarding pendency of the

Regular Civil Suit No. 50 of 2024 pending before the Civil Judge

of Vadodara.


9.                    With the aforesaid directions, the present Petition

stands allowed to the aforesaid extent, keeping open all the

rights and contentions that may be taken in the suit proceedings

by the respective parties.


                      Rule is made absolute to the aforesaid extent. Direct

service is permitted.


                                                                      (VAIBHAVI D. NANAVATI,J)
Pradhyuman




     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: PRADHYUMANSINH DILIPSINH RAHEVAR(HC01408), PRIVATE SECRETARY, at High Court of Gujarat on 16/02/2026 17:16:37




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