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NIRAL R. MEHTA
Heirs Of Decd Parshottambhai Laxmanbhai Vaghani Vijuben Wd/o Parshottambhai Laxmanbhai Vaghani – Appellant
Versus
Bhikhabhai Hirabhai Patel – Respondent
| Table of Content |
|---|
| 1. background of the case regarding mutation and appeals. (Para 1 , 2) |
| 2. arguments regarding ex parte ad-interim relief and its implications. (Para 4 , 5 , 6 , 8) |
| 3. the application is regarding the vacation of ex parte relief. (Para 7) |
| 4. court's reasoning on the application of article 226(3). (Para 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. establishment of automatic vacation of interim relief. (Para 12 , 19) |
| 6. final ruling and orders regarding relief. (Para 20 , 21) |
JUDGMENT :
1. By way of this Civil Application under Article 226(3) of the Constitution of India, the applicant herein – original respondent No.14 has prayed for vacation of ad-interim relief granted on 3rd August 2023 in R/Special Civil Application No.13302 of 2023. By way of an ex parte ad-interim relief, the Coordinate Bench of this Court has stayed the impugned order dated 6th May 2023 as well as stayed the further proceedings of RTS Case No.381 of 2022 pending before the Collector, Surat.
2. So as to decide the present Civil Application, basic controversy of the petition deserves to be understood as under:
2.1. The subject matter of the main proceeding is with regard to mutation of entry No.1845 pursuant
Ex parte ad-interim relief under Article 226(3) vacates automatically after two weeks if not adjudicated, irrespective of parties' actions, ensuring prompt resolutions.
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
Article 226(3) of the Constitution of India is mandatory, leading to the automatic vacation of interim orders if not disposed of within two weeks.
The court emphasized that delay in bringing legal heirs on record can be condoned if satisfactorily explained, promoting substantial justice over procedural rigidity.
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
Ex parte decree not set aside for uncorroborated delay excuse despite missing defendant claim; prior knowledge inferred from admissions; Art 227 bars reappreciating evidence in absence of jurisdictio....
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