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NEUTRAL CITATION

C/CRA/141/2026 JUDGMENT DATED: 24/03/2026

0.058654774145809774

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 141 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ================================================================

Approved for Reporting Yes No ✓

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

GOPALBHAI KALIDAS KHARVA & ANR.

Versus KHARVA SARLABEN WD/O SURESHCHANDRA KHARVA & ORS.

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

Appearance:

MR MANAN B PANDYA(12491) for the Applicant(s) No. 1,2 MR. BK. RAJ(3794) for the Opponent(s) No. 1,2,3,4 ================================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 24/03/2026

JUDGMENT

1. The present Civil Revision Application is filed under Section 29 (2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (hereinafter referred to as “the Act”) by the applicants-original defendant Nos.1 and 2, seeking for the

following reliefs.

“(A) YOUR LORDSHIPS may be pleased to call for the record and proceedings of the SMCST No.71 of 2021 from the Court of Additional Judge, Small Cause Court, Vadodara as well of Regular Civil Appeal No.176 of 2024 from the Court of 3^rd Additional District Judge, Vadodara and further be pleased to quash and set aside judgement and decree dated 31.12.2025 by 3^rd Additional District

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NEUTRAL CITATION

C/CRA/141/2026 JUDGMENT DATED: 24/03/2026

0.058654774145809774

Judge, Vadodara, in Regular Civil Appeal No.176 of 2024.

(ANNEXURE E

(B) During pendency and final disposal of the present application, YOUR LORDSHIPS may be pleased to stay operation, implementation and execution of the judgment dated 31.12.2025 and decree dated 31.12.2025 passed by 3^rd Additional District Judge, Vadodara in Regular Civil Appeal No.176 of 2024 (ANNEXURE E) and be pleased to stay the further proceedings of SMCST no. 71 of 2021

(ANNEXURE A

(C) Such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present

case may kindly be granted.”

2. Heard learned advocate Mr. Manan B. Pandya for the applicants and learned advocate Mr. B.K. Raj appears on caveat,

for the respondents.

3. Rule returnable forthwith. Learned advocate Mr. B.K. Raj appears on caveat, waives service of notice of Rule on behalf of

the respondents.

4. With the consent of the learned advocates for the parties, the present Civil Revision Application is taken up for final

disposal.

5. The brief facts of the case are as under:-

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NEUTRAL CITATION

C/CRA/141/2026 JUDGMENT DATED: 24/03/2026

0.058654774145809774

5.1. Plaintiff-Sureshchandra Ashabhai Kharva filed a suit being Rent Suit No.71 of 2021 for declaration and permanent injunction against the present applicants-original defendants claiming to be the tenant of a shop bearing property No.05- 00001-104, Census No.10-105-000-000-104 situated at Pathhargate, Madanzampa Road, Vadodara. Pending the suit, Sureshchandra Ashabhai Kharva-tenant expired on 29.12.2023. Thereafter, the legal heirs of deceased-tenant filed an application for impleadment as plaintiffs. Learned trial Court, after hearing the parties, rejected the the application vide order dated 02.08.2024, and thereafter on 13.08.2024 passed an order of abatement of the suit. Being aggrieved and dissatisfied with the impugned order, the heirs of the deceased-tenant approached the learned District Court with a Regular Civil Appeal No.176 of 2024. Learned District Court, after hearing the parties, allowed the appeal and quashed and set aside the order passed below Exhibit-33 together with an order passed below Exhibit-1, and remanded the matter for fresh hearing of Exhibit-33 which is an

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