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J. B. PARDIWALA, K. V. VISWANATHAN
Mohammadhanif Mohammadibrahim Patel – Appellant
Versus
Pallaviben Rajendra Kumar Patel – Respondent
| Table of Content |
|---|
| 1. background of the appeal and suits (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. judicial stance on interim relief (Para 10 , 11 , 12) |
| 3. clarification of appellate court powers (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. setting aside impugned orders and remitting case (Para 23 , 24 , 25) |
| 5. final orders and next steps (Para 26 , 27 , 28 , 29 , 30 , 31) |
ORDER :
1. Leave granted.
2. Our order dated 13.10.2025 reads thus;-
2. We find the impugned order prima facie a bit unusual. The Appellate Court says that since the suit has been dismissed, no interim relief can be granted in an appeal. The High Court has affirmed such finding.
3. Issue notice returnable on 10.11.2025.
4. Dasti service, in addition, is permitted.
5. Parties are directed to maintain status quo as regards the nature, character and possession of the suit property.”
3. The respondents-original defendants although served with the notice issued by this Court yet have chosen not to remain present before this Court and oppose this appeal.
4. This appeal arises from the order passed by the High Court of Gujarat dated 10.06.2025 in Speci
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