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2026 Supreme(Online)(Guj) 12826

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CIVIL APPLICATION NO. 17120 of 2024


HEIR OF LATE JIVABHAI DANANBHAI CHANDRESHBHAI JIVABHAI VAGHELA (VANKAR) AS KARTA OF JOINT FAMILY Versus REVABEN D/O ICHHABHAI KHOJABHAI @ KHOJIYABBHAI BIN RANCHHODIYA AND W/O RAVJIBHAI SHIVABHAI KANTHARI & ORS.


Appearance:

MR JINESH H KAPADIA(5601) for the Petitioner(s) No. 1

MR APURVA R KAPADIA(5012) for the Respondent(s) No. 1,2

NOTICE SERVED for the Respondent(s) No. 3.1,3.2,3.3,3.4


CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI


Date : 28/04/2026

ORAL ORDER

1. Perused the note for speaking to minutes.

2. In the judgment dated 17.03.2026 passed in the captioned petition, in the second line of the paragraph No.4, the words were inadvertently mentioned as Misc. Civil Appeal instead of Civil Misc. Application. The same shall be corrected and read as “Civil Misc. Application” instead of Misc. Civil Appeal.

3. Further, the para No.15 of the said judgment shall be substituted and read as under:-

“15. In the aforesaid context and considering the provisions as well as the law laid down by the Hon’ble Apex Court, liberty is granted to the petitioner to prefer an Appeal from Order against the impugned order before the competent Court, and to seek condonation of delay by taking into consideration the time spent in prosecuting the present petition. While deciding the Civil Misc. Appeal, the learned District Court shall not be influenced by any of the observations made hereinabove. The time consumed in litigating the present petition may be taken as a ground for condonation of delay. The present petition stands disposed of accordingly.”

4. Rest of the judgment shall remain as it is.

5. In view of the above, note for speaking to minutes stands disposed of. Registry to issue fresh writ / order accordingly.

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