Ashokbhai Ukabhai Movaliya vs. Chandrakant Mancharam Patel

ITEM NO.46 COURT NO.6 SECTION III

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 26489/2023

[Arising out of impugned final judgment and order dated 20-09-2023 in SCA No. 20518/2017 passed by the High Court of Gujarat at Ahmedabad]

ASHOKBHAI UKABHAI MOVALIYA Petitioner(s)

VERSUS

CHANDRAKANT MANCHARAM PATEL & ORS. Respondent(s)

(IA No.248906/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.248908/2023-EXEMPTION FROM FILING O.T. IA No.228619/2024 - AMENDMENT IN CAUSE TITLE IA No. 106331/2024 - AMENDMENT IN CAUSE TITLE)

Date : 03-02-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR

For Petitioner(s) :Mr. Paarthiv Goswami, Sr. Adv. Mr. Narendra Kumar Goyal, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. K H Daiya, Adv. Mr. Ikshit Singhal, Adv. Mr. Jeetendra Kumar, Adv. Mr. Shantanu Jugrawat, Adv. Mr. C M Dwivedi, Adv. M/S. Mukesh Kumar Singh And Co., AOR

For Respondent(s) :Mr. Saket Singh, Sr. Adv. Mr. Shubham Jain, AOR Mr. Himanshu Dhawan, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. After hearing learned counsel for the parties on the facts, it is true that there was a delay on the part of the plaintiff-petitioner in taking recourse. But, in the facts, to decide the issue on merits would be a fair administration for Digitally signed by Gulshan Kumar Arora Date: 2025.02.13 15:40:26 IST Reason: Signature Not Verified

both the parties. Therefore, for delay caused by the petitioner, cost of Rs.1,00,000/- (Rupees one lakh only) is imposed and we allow the application for restoration of the suit. The amount of Rs.50,000/- costs already lying with this Court shall be transmitted in favour of the Supreme Court Legal Services Committee which may be utilised for the purpose of providing legal aid. The petitioner shall further pay an amount of Rs.50,000/- towards costs before the Trial Court within four weeks from today. The said amount shall be disbursed equally to the defendants by the trial Court.

2. As agreed, the parties shall remain present before the Trial Court on 03.03.2025. The issue of substitution and the rights of legal representatives be decided by the trial Court within a period of one month thereafter.

3. It is further direct that the hearing is expedited and the suit must be decided within a period of nine months thereafter.

4. In view of the above, the Special Leave Petition is disposed of. Pending application(s), if any, stand disposed of.

(GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS COURT MASTER