Modification of Order dtd.

undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4201 of 2025 [On note for speaking to minutes of order dated 25/11/2025 in R/FA/4201/2025 ]

With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/FIRST APPEAL NO. 4201 of 2025 ================================================================

LH OF DECD. PARIMALABEN VIRANCHIPRASAD DESAI VAJA UMA NARSIBHAI Versus LEGAL HEIRS OF DEC. YADVENDRA @ ATRIKUMAR VIRANCHIPRASAD DESAI & ORS.

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Appearance:

MR JAMSHED KAVINA(11236) for the Appellant(s) No. 1 ===============================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 04/12/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

The order of Civil Application has been by mistake transcribed in First Appeal and vice-versa. Hence, the same be rectified.

Note for Speaking to Minutes stands disposed of.

Fresh Writ be issued accordingly.

SIDDHARTH undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4201 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/FIRST APPEAL NO. 4201 of 2025 ========================================================== LH OF DECD. PARIMALABEN VIRANCHIPRASAD DESAI VAJA UMA NARSIBHAI Versus LEGAL HEIRS OF DEC. YADVENDRA @ ATRIKUMAR VIRANCHIPRASAD DESAI & ORS.

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Appearance:

MR JAMSHED KAVINA(11236) for the Appellant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 25/11/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

Order In Civil Application (for Stay) No. 1 of 2025:

Issue rule returnable on 13.01.2026.

Order In First Appeal No. 4201/2025:

1. The applicant before the Court is legal heir of the original co-owner of the suit property along with the respondent No.1 Since deceased. Respondent No.2 has acted as a power of attorney holder and according to the case of the applicant, behind the back of the applicant, the suit property has been sold to Respondents No.3 and 4 for consideration.

2. Learned advocate has taken this Court through the impugned judgment and order to indicate that the Trial court had held to be the co-owner to the extent of 50% of the suit property.

3. However, by holding the respondents to be bona fide purchaser for consideration the Trial Court has ordered only payment of 50% of the considerations amount because of which the applicant is before the Court.

4. Learned advocate has also taken this Court to an order dated 23.01.2015 passed below Exhibit-5 in the Special Civil Suit No. 174/2012 wherein the injunction was granted to maintain the status quo till final disposal of the suit.

5. It appears that this order has sustained till the final disposal of the suit in the month of 30.08.2025. Learned advocate makes the statement that even after the disposal of the Suit on 30.08.2025, the property continues to be as it is and hence, parties to maintain the status quo as on date.

6. Direct service, permitted. Respondents No. 1.1 to 1.3 are permitted to be served by courier/ speed post/ email.

RIYA VISHWAKARMA