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NEUTRAL CITATION

Modification of Judgment dtd.

C/AO/53/2026 ORDER DATED: 08/05/2026

20/04/2026 in R/AO/53/2026

0.05774214708834413

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/APPEAL FROM ORDER NO. 53 of 2026

[On note for speaking to minutes of order dated 20/04/2026 in

R/AO/53/2026 ]

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

PANKAJ DAVE & ANR.

Versus

NIRAV S/O ASHWINKUMAR CHIMANLAL PARIKH & ORS.

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

Appearance:

VINAY D BAIRAGRA(8360) for the Appellant(s) No. 1,2

NATASHA SUTARIA(7907) for the Respondent(s) No. 1

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

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

Date : 08/05/2026

ORAL ORDER

1. Perused the note for speaking to minutes.

2. It is submitted that, in the order dated 20.04.2026 passed in

the captioned Appeal from Order, learned advocate for the

respondent had prayed that the respondent herein, after the

hearing of Exhibit – 5 Application before the learned Trial Court, be

permitted to file an appropriate application seeking expeditious

disposal of Civil Suit No. 1098 of 2023. It is submitted that the said

request was considered by this Court, however, the same is not

reflected in the said order dated 20.04.2026.

3. Learned advocate for the appellants submitted that the

appellants have no objection is the said request is granted and the

present note for speaking to minutes is allowed.

4. In view of the above, the present note for speaking to

minutes stands disposed of as allowed. Registry to issue fresh writ

/ order accordingly.

(D. M. DESAI,J)

MUSKAN

Page 1 of 1

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NEUTRAL CITATION

Present Judgment is modified vide

C/AO/53/2026 JUDGMENT DATED: 20/04/2026

Order dtd. 08/05/2026 in

R/AO/53/2026

0.05774214708834413

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/APPEAL FROM ORDER NO. 53 of 2026

With

CIVIL APPLICATION (FOR STAY) NO. 1 of 2026

In R/APPEAL FROM ORDER NO. 53 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI

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

Approved for Reporting Yes No

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

PANKAJ DAVE & ANR.

Versus

NIRAV S/O ASHWINKUMAR CHIMANLAL PARIKH & ORS.

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

Appearance:

VINAY D BAIRAGRA(8360) for the Appellant(s) No. 1,2

NATASHA SUTARIA(7907) for the Respondent(s) No. 1

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

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

Date : 20/04/2026

JUDGMENT

1. The present Appeal from order is filed under Order

XLXXX Rule 1 (r) and 2 of the Code of Civil Procedure, 1908

(hereinafter, referred to as “the Code”) by the appellants –

original plaintiffs challenging the order dated 16.03.2026

passed by the learned Chamber Judge, City Civil Court,

Ahmedabad.

Page 1 of 6

Uploaded by HIMAKSHI SONI(HC02351) on Thu Apr 30 2026 Downloaded on : Fri May 15 03:36:55 IST 2026

NEUTRAL CITATION

Present Judgment is modified vide

C/AO/53/2026 JUDGMENT DATED: 20/04/2026

Order dtd. 08/05/2026 in

R/AO/53/2026

0.05774214708834413

2. Heard learned Senior Advocate Mr. Devang Nanavati

assisted by learned advocates Mr. Vinay Bairagra, Mr.

Vinayak Goswamy and Mr. Meghesh Khandelwal for the

appellants and Ms. Natasha Sutaria for the respondent.

3. Learned Senior Advocate for the appellant submitted

that the property in question was originally owned by Mr.

Mahipatram Dolatram. Two release deeds dated 18.04.1968

came to be executed in favour of sons of Chimanlal

Mahipatram, namely, father of plaintiff No.1 and father of

defendant No.1. Release deed dated 18.04.1968 bearing

Registration No. 1905, land admeasuring about 1565 sq.

yards of Survey No.186/A/2 came in the share of father of

defendant No.1 – Kiritkumar Chimanlal Parikh and by

another release deed of the even date bearing Registration

No. 1906, land admeasuring 1503 sq. yards bearing Survey

No.186/A/2 came in the share of fa