IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4972 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 16473 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

DILIPBHAI TEJABHAI GAJERA & ANR.

Versus RANCHHODBHAI POPATBHAI THUMMAR & ORS.

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Appearance:

MR TUSHAR L SHETH(3920) for the Petitioner(s) No. 1,2 DELETED for the Respondent(s) No. 8 HCLS COMMITTEE(4998) for the Respondent(s) No. 10 MR NIKHILESH J SHAH(3007) for the Respondent(s) No. 10 NOTICE SERVED for the Respondent(s) No. 1,2.1,2.2,2.3,2.4,3,4,5,6,7,9 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 17/02/2026 COMMON ORAL JUDGMENT

1. Rule returnable forthwith. Learned advocate Mr. Nikhilesh Shah waives service of notice of rule for and on behalf of respondent No. 10. With the consent of learned advocates for the respective parties, both the captioned petitions are taken up for final hearing.

2. The present petitions are filed under Articles 226 and 227 of the Constitution of India, 1950 by the petitioners seeking following prayers in Special Civil Application No. 4972 of 2019:

“(A) To admit this petition and to allow the same.

(B) To quash and set aside the order dated 25.02.2019 passed below Exhibit – 136 and 137 by the learned Principal Senior Civil Judge, Gondal in Special Civil Suit No. 76 of 2004.

(C) Pending admission, hearing and final disposal of this petition, be pleased to stay implementation, operation and effect of the order dated 25.02.2019 passed below Exhibit – 136 and 137 by the learned Principal Senior Civil Judge, Gondal in Special Civil Suit No. 76 of 2004.

(D) To grant ad-interim relief in terms of para 12(C). (E) To grant any other appropriate and just relief/s.”

And in Special Civil Application No. 16473 of 2025:

“(A) To admit this petition and to allow the same.

(B) To quash and set aside the order dated 25.02.2019 passed below Exhibit – 137 by the learned Principal Senior Civil Judge, Gondal in Special Civil Suit No. 76 of 2004.

(C) Pending admission, hearing and final disposal of this petition, be pleased to stay implementation, operation and effect of the order dated 25.02.2019 passed below Exhibit – 137 by the learned Principal Senior Civil Judge, Gondal in Special Civil Suit No.

76 of 2004.

(D) To grant ad-interim relief in terms of para 13(C).

(E) Dispense with the certified copy of the order dated 25.02.2019 passed below Exhibit – 137 by the learned Principal Senior Civil Judge, Gondal in Special Civil Suit No. 76 of 2004; as the same is already produced in SCA 4972 of 2019 which is pending in this Hon’ble Court.

(F) To grant any other appropriate and just relief/s.”

3. Heard learned advocate Mr. Tushar Sheth for the petitioners and learned advocate Mr. Nikhilesh Shah for respondent No. 10.

4. The respondent No. 10 – original plaintiff has filed a suit praying for partition claiming 1/5^th share, cancellation of sale deed and for a declaration that the suit properties are the actual properties of the Hindu Joint Family of the plaintiff and defendant Nos. 1 to 4. The injunction application, Exhibit – 5, came to be dismissed, against which Appeal from Order No. 199 of 2013 came to be filed by the plaintiff before this Court. During the pendency of the said proceedings, a compromise was arrived at between the parties. Out of the total number of suit lands, it was agreed between the parties to the suit that the land admeasuring about Acre 5 – 00 Guntha of Survey Nos. 515/3/4/5/6 being open parcels of land, shall not be transferred during the pendency of the suit. Pursuant to the settlement, the injunction order came to be modified, and the stay order was restricted to the aforesaid lands. During the pendency of the suit proceedings, the present petitioners pu