Gujarat High Court
Anshuben Mohanbhai Jaishal vs Ravibhai @ Dharmendra Bindubhai ... on 18 December, 2020
Author: S.H.Vora
Bench: S.H.Vora
C/CRA/113/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 113 of 2020
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ANSHUBEN MOHANBHAI JAISHAL
Versus
RAVIBHAI @ DHARMENDRA BINDUBHAI BRAHMBHATT
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Appearance:
RAHUL SHARMA(8276) for the Applicant(s) No. 1
SUBODHKANT B PARMAR(10133) for the Applicant(s) No. 1
MS NATASHA SUTARIA ADVOCATE for Opponent
NOTICE SERVED BY DS(5) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 18/12/2020
ORAL ORDER
After detailed hearing made before this Court, learned Advocates appearing for the respective parties jointly submitted that they would not invite any reasoned order while keeping all the factual and legal contentions open to be agitated before the learned trial Judge while re-hearing the application made below Exhibit-29 in CMA No.40 of 2017 afresh.
In view of the above submissions made by the learned Advocates appearing for the respective parties, it is directed that the learned trial Judge shall hear and decide the application at Exhibit-29 afresh on its own merits and shall permit both the parties to raise all legal and factual contentions on its own merits and without being influenced by the impugned order, as also the order passed by this Court as well as the order passed by the Hon'ble Apex Court. Needless to say that the learned trial Judge has rejected the application Exhibit-29 mainly on the ground that the Hon'ble Apex Court has declined to transfer the case under Section 25 of the Code of Civil Procedure. It is required to be mentioned that both the provisions i.e. Section 9(3) of the Guardians and Wards Act, Page 1 of 2 Downloaded on : Sat Dec 19 06:28:36 IST 2020 C/CRA/113/2020 ORDER 1890 and Section 25 of the Code of Civil Procedure have different scope and operates on different grounds.
Since all the issues are kept open to be agitated before the learned trial Judge, this Court is not considering any other grounds including the grounds raised before the Apex Court at this stage, since this Court is directing the learned trial Judge to re-hear and decide the application at Exhibit-29 afresh on its own merits uninfluenced by the order passed by this Court, as also the order passed by the Hon'ble Apex Court. Both the parties are at liberty to raise all available factual and legal contentions at the time of re- hearing of the application at Exhibit-29 filed in CMA No.40 of 2017. The learned trial Judge shall re-hear and decide application Exhibit- 29 within two weeks from the date of receipt of the writ of this order.
With the aforesaid observations and directions, present Civil Revision Application stands disposed of. Direct Service through e- mail is permitted.
(S.H.VORA, J) sompura Page 2 of 2 Downloaded on : Sat Dec 19 06:28:36 IST 2020