High Court of Gujarat

CHETNABEN W/O JAGDISHBHAI KORDIYAversusJAGDISHBHAI MULJIBHAI KORDIYA

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The appeal is disposed of as withdrawn and the civil application for stay is also dismissed.

Summary

The appellant, Chetanben, filed a first appeal (No.166 of 2026) and a civil application for a stay concerning a property dispute that is already pending before the court in Civil Suit No.75 of 2022. The defendant, Dharmeshbhai Koradiya, submitted an affidavit assuring that he would not forcibly dispossess the appellant until the suit is decided. After hearing the parties, the court noted the affidavit and the assurance, and the appellant’s counsel, on instruction, chose not to press the appeal. Consequently, the court disposed of the appeal as withdrawn and also dismissed the stay application. The parties were directed to adhere to the terms of the affidavit.

Issues considered

Whether the appellant may withdraw the first appeal and the accompanying stay application.

Subjects

appeal withdrawalstay applicationproperty disputeaffidavitcivil suitcourt order

Judgment

            C/FA/166/2026                                                                   ORDER DATED: 03/08/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/FIRST APPEAL NO. 166 of 2026
                                            With
                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
                              In R/FIRST APPEAL NO. 166 of 2026
 =========================================
                                CHETNABEN W/O JAGDISHBHAI KORDIYA
                                              Versus
                               JAGDISHBHAI MULJIBHAI KORDIYA & ANR.
 =========================================
 Appearance:
 KURVEN K DESAI(7786) for the Appellant(s) No. 1
 MR. HJ KARATHIYA(7012) for the Defendant(s) No. 2
 ULLASH N GOHIL(8357) for the Defendant(s) No. 1
 =========================================
      CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
            and
            HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                     Date : 03/08/2026

                           ORAL ORDER
   (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


            We have heard learned counsel for the respective parties. The
 sworn affidavit of Dharmeshbhai Koradiya tendered by learned counsel is
 ordered to be taken on record.
            Admittedly, Civil Suit No. 75 of 2022 is pending between the
 parties. The defendant, Dharmeshbhai, has assured that until the
 adjudication of the suit, he will not forcefully dispossess the appellant
 from the disputed property.

            In view of the above, learned counsel, upon instructions, does not
 press this appeal. The parties are directed to adhere to the statement
 made in the affidavit in its true sense.

            The present appeal stands disposed of as withdrawn. Accordingly,
 the civil application also stands disposed of.


                                                                                                 (ILESH J. VORA,J)



                                                                                            (R. T. VACHHANI, J)
 Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 03/08/2026 16:35:22


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