AMISHI JAY SHETH v. KAJALBEN NIMESHBHAI THAKKAR

Heard Mr. Raaj S. Chotalia, learned Advocate with Mr. Soham H. Chaudhari, learned Advocate for the petitioner. The present petition is filed under Article 227 of the Constitution of India, seeking the following reliefs: “a. That the Hon'ble Court be pleased to admit and allow the present petition. b. That the Hon'ble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus, or any other appropriate writ, order, or direction under Article 227 of the Constitution of India, directing the Ld. City Civil & Sessions Court, Ahmedabad to hear, adjudicate, and 'nally decide the Civil Suit CCC no. 462 of 2024 as expeditiously possible or a strict time-bound schedule as this Hon'ble Court may deem 't in the interest of justice. c. That the Hon'ble Court be pleased to issue an appropriate writ, order, or direction commanding the Ld. Trial Court to proceed with the hearing of the said Application at Exhibit 24 on a day-to- day basis without granting any further adjournments to the Respondent-Defendant; C/SCA/10860/2026 ORDER DATED: 06/08/2026 d. Pending the admission, hearing, and 'nal disposal of this petition, direct the Ld. Trial Court to submit a status report to this Hon'ble Court regarding the pendency and progress of the suit; e. Pass any such other and further orders as may be deemed just and proper in the facts and circumstances of the case, and in the interest of justice.”

#3. At the outset, Mr. Chotalia, learned Advocate, would submit that despite the best efforts made by the petitioner, being the plaintiff in the suit in question, neither the application filed below Exhibit 24 in the suit nor the trial of the suit progressed and the matter was adjourned from time to time. It is submitted that as per paragraph No. 24 of the written statement filed by the respondent herein, there was a clear admission on the part of the respondent-defendant to hand over possession and in that view of the matter, the application filed below Exhibit 24 requires to be heard and decided by the Trial Court as early as possible.

3.1. Mr. Chotalia, learned Advocate, would request this Court to pass appropriate directions to the Trial Court for expediting the aforesaid application and so also the trial of the suit.

#4. Having heard Mr. Chotalia, learned Advocate for the petitioner and upon perusal of the documents annexed thereto, including the aforesaid application filed below Exhibit 24 and C/SCA/10860/2026 ORDER DATED: 06/08/2026 the written statement filed by the respondent-defendant, prima facie, it appears that the suit was instituted in the year 2024 seeking possession of the suit property, which was given to the respondent on leave and licence basis, and upon determination of such licence, as the respondent did not vacate the suit premises, the suit came to be filed. As per paragraph No. 24 of the written statement filed by the respondent, prima facie, there is an admission that possession was to be handed over to the petitioner-plaintiff. Accordingly, the petitioner appears to have filed an aforesaid application below Exhibit 24 in the suit on

23.06.2025. For any reasons, after more than one year also, the Trial Court has not even adjudicated the aforesaid application.

#5. Having considered the aforesaid facts and circumstances of the case at hand and taking into account the nature of the controversy germane to the matter, at this stage, without further dwelling into any of the issues, this Court would like to pass the following directions:

5.1. The Trial Court is hereby directed to hear and adjudicate the application filed by the petitioner below Exhibit 24 in Civil Suit No. 462 of 2024 pending before the City Civil Court, C/SCA/10860/2026 ORDER DATED: 06/08/2026 Ahmedabad at the earliest. The aforesaid application shall be decided by the Trial Court on or before 31.10.2026, as the same was filed on 23.06.2025.

5.2. In a case where any request will be made by the petitioner for expediting the trial of the aforesaid suit, such application shall also be heard and decided and accordingly, the trial of the suit shall be expedited, in accordance with law.

5.3. This Court is conscious of the fact that this order is passed without calling upon the respondent. If the respondent is having any grievance against the aforesaid directions issued by this Court, it is open for the respondent to prefer an application seeking modification/recall of this order, but the same shall be filed within 15 days from the date of receipt of a copy of this order.

#6. In view of the foregoing discussion, reasons and directions, the present petition is disposed of. No order as to costs. NILESH (MAULIK J.SHELAT,J) Original copy of this order has been signed by the Hon'ble Judge.