Gujarat High Court
Chandrikaben Himmatlal Vyas vs Ushaben Wd/O Laxmishankar ... on 10 July, 2025
NEUTRAL CITATION
C/SCA/9129/2025 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9129 of 2025
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CHANDRIKABEN HIMMATLAL VYAS & ORS.
Versus
USHABEN WD/O LAXMISHANKAR PARSHOTTAMBHAI VYAS & ORS.
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 10/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Mehul Sharad Shah for the petitioners.
2. The present writ application is filed under Article 227 of the Constitution of India seeking following reliefs:-
"A. admit and allow this petition.
B. issue a writ of certiorari and/or any other appropriate writ, order
or direction in the nature of certiorari directing the learned Principal Civil Judge, Dholka, to hear and decide the application for interim injunction at Exhibit 5 within a period of one month (Ann.B) and be further pleased to direct the learned trial court to hear and decide the Regular Civil Suit No. 53 of 2019 (Ann. A) within a period of six months and be further pleased to direct the defendant - respondent nos. 1 to 4 herein to co-operate in the expeditious hearing and disposal of Regular Civil Suit No. 53 of 2019, in the interest of justice.
C. Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to direct the learned Principal Civil Page 1 of 3 Uploaded by SALIM(HC01108) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:25:52 IST 2025 NEUTRAL CITATION C/SCA/9129/2025 ORDER DATED: 10/07/2025 undefined Judge, Dholka, to hear and decide the application below Exhibit - 5, within a period of one month, to avoid multiplicity of proceedings.
D. Such other and further orders as Your Lordships may deem just, fit and expedient be passed in favour of the petitioners."
3.0 At the outset, learned advocate Mr. Shah for the petitioner would submit that the petitioners happen to be plaintiffs of Regular Civil Suit No. 53 of 2019 wherein they have filed an injunction application below Exh. 5 and even after amendment of the suit, the amended injunction application was also filed on 12 th July, 2022 but till date not heard by the trial Court.
3.1 Learned advocate Mr. Shah would request this Court that a suitable direction may be issued to the trial Court at least to decide injunction application filed by the petitioners at the earliest.
3.2 Learned advocate Mr. Shah states that at this stage, the anxiety of the petitioners are that at least instead of expediting the suit, the trial Court should take up injunction application first.
4. It is deplorable that an injunction application is kept for years and not heard and decided by the trial Court. As such type of injunction applications filed under Order 39 rule 1(2) Page 2 of 3 Uploaded by SALIM(HC01108) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:25:52 IST 2025 NEUTRAL CITATION C/SCA/9129/2025 ORDER DATED: 10/07/2025 undefined of CPC needs an immediate attention by the Court, otherwise, it lost its significance. Be that as it may, for any reasons, if the injunction application was not heard and decided by the trial Court, it should have been heard and decided by the trial Court at the earliest.
5. The trial Court is hereby directed to adjudicate and decide the injunction application filed by the petitioners below Exh. 5 in Special Civil Suit No. 53 of 2019 pending before it at the earliest by giving an opportunity of hearing to all parties concerned, but in any case it should not be adjudicated on or before 1st September, 2025.
6. With the aforesaid observation and direction, the present writ application is disposed of. It is made clear that this Court has neither gone into nor examined the merit of the matter.
Direct service is permitted.
(MAULIK J.SHELAT,J) SALIM/ Page 3 of 3 Uploaded by SALIM(HC01108) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:25:52 IST 2025