IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 15224 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE ==========================================================

Approved for Reporting Yes No No ==========================================================

HEIRS AND LRS OF DECD. LALABHAI BAWABHAI & ORS.

Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR MEHUL SHAH, SR. COUNSEL with MR HITESH N ACHARYA(2302) for the PETITIONER(s) No. 1,2,3,4,5,6 (MR MB GANDHI)(326) for the RESPONDENT(s) No. 4 MS NIDHI VYAS AGP for the RESPONDENT(s) No. 1 DECEASED LITIGANT for the RESPONDENT(s) No. 5,5.2,5.4 MR CHINMAY M GANDHI(3979) for the RESPONDENT(s) No.

5.1,5.3,5.5,5.6,5.7 MR. JAY M THAKKAR(6677) for the RESPONDENT(s) No. 6,7,8 MS RUMI M GANDHI(3472) for the RESPONDENT(s) No. 5.1,5.3,5.5,5.6,5.7 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 09/02/2026 CAV JUDGMENT

1. The present Special Civil Application is filed praying for the following reliefs:-

“13(A)This Honorable Court may be pleased to recall/review the judgment dated 06.03.2019 Corrected by dated 25.04.2019 passed by the Honorable Court in Special Civil Application No. 15224 of 2014 and be pleased to pass order to rehear the Special Civil Application No. 15224 of 2014 and to decide the same on merits.

(B) YOUR LORDSHIPS may be pleased to pass any other and further relief that may be deemed fit and proper in the interest of justice.”

2. The factual matrix giving rise to the present writ petition is that the applicants were the original petitioners in Special Civil Application No. 15224 of 2014 filed before the High Court of Gujarat, wherein they challenged the order dated 10/12.06.2014 passed by the Secretary (Appeals). The said Special Civil Application came to be rejected by judgment dated 06.03.2019, which was subsequently corrected by an order dated 25.04.2019 passed by the High Court. Aggrieved by the judgment, the applicants preferred Letters Patent Appeal No.1233 of 2019 before the Division Bench of the High Court. During the course of hearing of the Letters Patent Appeal, it emerged that certain documents relied upon in the impugned judgment were not forming part of the original record of the case. In view of the said development, the Letters Patent Appeal was withdrawn on 06.08.2019 with liberty granted to the applicants to approach the learned Single Judge by filing a review application. The applicants filed the present Miscellaneous Civil Application seeking review and recall of the judgment dated 06.03.2019 as corrected by order dated 25.04.2019 passed in Special Civil Application No.

15224 of 2014.

3. Learned counsel for the petitioner submits that the judgment dated 06.03.2019 is vitiated by errors apparent on the face of the record, as the learned Single Judge relied upon facts and documents which were never part of the record before the Court or before the lower authorities. It is submitted that the finding that Pravinbhai had knowledge of the disputed revenue entries in the year 1998 and challenged them only in 2008 was not supported by any document that was filed, admitted, or exhibited during the proceedings. He further submits that documents referred to only during oral submissions, without being formally produced and taken on record, cannot be relied upon for deciding a case as per provision of Order 13 Rule 7(2) of CPC. The applicants emphasized that settled legal principles prohibit reliance on documents which are neither admitted nor proved, and therefore the observations based on such material amount to a manifest error requiring review. He further submits that during the pendency of the original proceedings, respondent No. 7 executed a Kabulatlekh dated 11.04.2016 in their favour, which reflects their status as legal heirs of deceased Lalabhai Bav