MAHESHBHAI NAGJIBHAI GAJERAversusFULAJI MALAJI SOLANKI
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- C DOSHI
Holding
The revision court may order the trial judge to decide the suit within a year, free from any prejudice arising from the impugned order.
Summary
The petitioners filed a civil revision seeking expedited disposal of Regular Civil Suit No.132 of 2024. The learned advocate for the petitioners requested the court to order a speedy trial without delving into the merits of the impugned order. The High Court, after hearing the request, directed the trial judge to decide the suit within one year from receipt of the writ, emphasizing that the decision must be on its own merits and not be influenced by any observations in the impugned order or this order. The court also instructed the parties to cooperate and avoid unnecessary adjournments. No opinion on the merits of the impugned order was expressed, and the petition was consequently disposed.
Issues considered
- Whether a revision court can direct a trial judge to expedite the disposal of a civil suit within a specified time frame
- Whether the trial judge must decide the suit independently of observations made in the impugned order
Subjects
Judgment
C/CRA/381/2025 ORDER DATED: 06/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 381 of 2025
==========================================================
MAHESHBHAI NAGJIBHAI GAJERA & ANR.
Versus
FULAJI MALAJI SOLANKI & ORS.
==========================================================
Appearance:
MR JV VAGHELA(5809) for the Applicant(s) No. 1,2
NOTICE SERVED for the Opponent(s) No.
1,2.1,2.2,2.3,2.4,2.5,2.6,3.1,3.2,3.3,4.1,4.2,5.1,5.2,5.3
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/01/2026
ORAL ORDER
Learned advocate for the petitioners does not invite
reasoned order, but makes a request to expedite the trial.
In view of statement made at bar, the concerned learned
trial Judge is directed to decide Regular Civil Suit No.132 of
2024 as early as possible, but not later than one year from the
date of receipt of writ of this order. The learned trial Judge shall
decide the suit on its own merit without influenced by the
observations recorded in the impugned order and the
observations recorded in this order. The parties are directed to
cooperate with the learned trial Judge and shall not seek
unnecessary adjournments for expeditious disposal of the suit.
It is clarified that this Court has not expressed any opinion
on the merit of the impugned order at this stage and therefore,
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C/CRA/381/2025 ORDER DATED: 06/01/2026
all the contentions are kept open to be agitated before the
learned trial Court, who, in turn, shall decide the suit as per
evidence that may be adduced by the parties and in accordance
with law.
With this observations and directions, present petition
stands disposed of. Notice discharged.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 06/01/2026 14:49:47
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