KULDEEPBHAI UMRAOSINGH OSTWALversusTEJALBEN JIVANLAL VADGAMA

     C/SCA/10873/2026                                              ORDER DATED: 11/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 10873 of 2026

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                KULDEEPBHAI UMRAOSINGH OSTWAL & ANR.
                                 Versus
                   TEJALBEN JIVANLAL VADGAMA & ORS.
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Appearance:
MR. HARSHIT S. TOLIA, SENIOR COUNSEL with MR. MAYUR V
DHOTARE(7019) & MR. CHAITANYA JOSHI for the Petitioner(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                    Date : 11/08/2026

                                      ORAL ORDER


1.     Heard Mr. Harshit S. Tolia, learned Senior Counsel with Mr.

       Mayur V. Dhotare, learned Advocate and Mr. Chaitanya

       Joshi, learned Advocate for the petitioners.


2.     The present petition is filed under Article 227 of the

       Constitution of India, seeking the following reliefs:

               “(A) Your Lordships may kindly be pleased to admit this Petition;

               (B) Your Lordships may kindly be pleased to quash and set aside the
               impugned Common Order dated 13.03.2026 passed by the Ld. 2nd
               Additional Senior Civil Judge, Junagadh below Application Exh. 167, a
               copy of which is at Annexure "A" to this Petition, in the interest of justice
               and as a consequence thereof, Your Lordships may kindly be pleased to
               allow the Application Exh. 167 filed in Special Civil Suit No. 21 of 2017,
               a copy of which is at Annexure - "Q" to this Petition;

               (C) Pending admission and final disposal of this Petition, your Lordships
               may kindly be pleased to stay the further proceedings of Special Civil


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     C/SCA/10873/2026                                           ORDER DATED: 11/08/2026




               Suit No. 21 of 2017 pending in the Court of the Ld. 2nd Additional Senior
               Civil Judge, Junagadh, a copy of which is at Annexure - "E" to this
               Petition;

               (D) Ad-interim relief/s in terms of paragraph 13(C) may kindly be
               granted, in the interest of justice; and

               (E) Your Lordships may be pleased to pass any such other and further
               relief/s as may be deemed just and expedient in the interest of justice.”


3.     After arguing for some time, Mr. Tolia, learned Senior

       Counsel, under the instructions of his client who is present in

       the Court, does not press this petition. Nonetheless, Mr. Tolia,

       learned Senior Counsel, would request this Court that, since

       the petitioners have not pressed this petition and this Court has

       not gone into the merits of the matter, the petitioners may be

       allowed to file an appropriate application under Order VI Rule

       16 of the Civil Procedure Code, 1908 (hereinafter referred to as

       “the CPC”) and also Order XIV Rule 2 of CPC before the Trial

       Court and the same may be heard and decided as expeditiously

       as possible in the interest of justice.


4.     The permission as prayed for is granted.


5.     It is open for the petitioners to file an appropriate application

       under Order VI Rule 16 of the CPC and also under Order XIV

       Rule 2 for framing of preliminary issue germane to the suit. As



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              C/SCA/10873/2026                                                                   ORDER DATED: 11/08/2026




                 and when such application will be filed, after giving an

                 opportunity of hearing to all parties concerned, the Trial Court

                 shall adjudicate this application on its own merits in

                 accordance with law.


      6.         It is needless to observe that this Court has neither gone into

                 nor examined the merits of the matter except as observed

                 above.


      7.         With the aforesaid observations and directions, the present

                 petition is disposed of as not pressed. No order as to costs.

                 Interim relief, if any, stands vacated forthwith.


                                                                                                  (MAULIK J.SHELAT,J)
      NILESH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 11/08/2026 14:08:53




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