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2026 Supreme(Online)(Guj) 14190

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
STATE OF GUJARAT THROUGH MAMLATDAR / ALT KARJANV/sVINODCHANDRA PARSHOTTAMBHAI PATEL
C/SCA/3872/2026 | R/SPECIAL CIVIL APPLICATION NO. 3872 of 2026 | CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2026



Advocates:
For the Appellants/Petitioners: Devanshiba Rana
For the Respondents: Nishit Gandhi

The court held that subsequent purchasers are necessary parties if the adjudication affects their right and title, and allowed the correction of clerical errors in previous orders through the 'speaking to minutes' process.

Headnote:(A) Procedural Law - Speaking to Minutes - Correction of clerical or inadvertent mistakes in judicial orders is permissible to ensure the record accurately reflects the court's directions. (Para 1, 5)

(B) Civil Procedure - Joinder of Parties - Subsequent purchasers of property are considered necessary parties for adjudication when any order passed in the main petition is likely to affect their right, title, or interest. (Para 3, 4)

Issues: Whether the subsequent purchasers are necessary parties to the petition and whether clerical errors in previous orders can be corrected.

Table of Content
1. correction of judicial orders via speaking to minutes to include notice and status quo. (Para 1 , 2 , 3 , 4)

[On note for speaking to minutes of order dated 09/04/2026 in R/SCA/3872/2026 ]

ORAL ORDER

The petitioner has filed note for speaking to minutes pointing out mistake crept in order dated 09.04.2026 passed in the Special Civil Application No.3872 of 2026 and requested to add following:-

“Issue notice qua unserved respondent Nos.1 to 6 making it returnable on 23.6.2026.

Mr. Nishit Gandhi, the learned advocate to file Vakalatnama before the Registry for and on behalf of the private respondents.

In the meantime, let there be status-quo qua the revenue entry.”

Office is directed to carry out above correction in order dated 09.04.2026 passed in the Special Civil Application No.3872 of 2026. Accordingly, this note for speaking to minutes stands disposed of.

Present Order is modified vide Order dtd. 24/04/2026 in R/SCA/3872/2026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 3872 of 2026

With

CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2026

In R/SPECIAL CIVIL APPLICATION NO. 3872 of 2026

ORAL ORDER

ORDER WITH REGARD TO THE OFFICE NOTE DATED 07.04.2026.:

1. The petitioner herein has filed an office note, pointing out a mistake crept in the order dated 20.03.2026 passed in Special Civil Application No. 3872 of 2026 with Civil Application No. 1 of 2026, wherein inadvertently, the cause title reflects, “ORDER IN SPECIAL CIVIL APPLICATION NO. 3205 of 2026” instead of “ORDER IN SPECIAL CIVIL APPLICATION NO. 3872 of 2026”.

2. Office is directed to carry out the aforesaid correction in the order dated 20.03.2026 passed in Special Civil Application No. 3872 of 2026 with Civil Application No. 1 of 2026.

ORDER IN CIVIL APPLICATION NO. 2 of 2026:

1. Heard Ms. Devanshiba Rana, learned AGP appearing for the applicants.

2. By way of the present Civil Application, the applicant seeks to join subsequent purchaser in the main Special Civil Application No. 3872 of 2026.

3. Considering the explanation rendered in the application, it appears that the proposed respondents are necessary party for the adjudication of the matter and any order passed in Special Civil Application No. 3872 of 2026 will affect the their right title.

4. The respondents in the Civil Application are permitted to be joined as party respondents in the main petition.

Accordingly, the present petition stands allowed.

ORDER IN SPECIAL CIVIL APPLICATION NO. 3872 of 2026:

Mr. Nishit Gandhi, learned advocate to file Vakalatnama before the Registry for and on behalf of the private respondents.

Stand over to 13.04.2026.

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