PARULBA v. NITABA
Case at a glance
Outcome
Disposed of
present petition is disposed of, as not pressed
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 77. With the aforesaid observations and directions, the present petition is disposed of, as not pressed. GAURAV J THAKER (MAULIK J. SHELAT, J)
Judgment
============================================= PARULBA WIFE OF INDRAJITSINH VAJUBHA VAGHELA D/O NAVALSINGH UDESINGH ZALA & ANR. Versus NITABA W/O JORAVARSINH ZALA D/O VAJUBHA RATANSANG VAGHELA & ORS. ============================================= Appearance: MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1,2 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 30/07/2026 ORAL ORDER
#1. Heard Mr.Maulik Soni, learned advocate for the petitioners.
#2. This petition is filed under Article 227 of the Constitution of India, seeking the following reliefs : “A. Your Lordships may be pleased to Admit and Allow this Special Civil Application; YOUR LORDSHIPS may be pleased to issue an B. appropriate writ, order, or direction to quash and set aside the impugned final order dated 16/07/2026 passed by the learned 2nd Additional Civil Judge, Sanand, Ahmedabad (Rural) below Exhibit-8 in Regular Civil Suit No. 415 of2025 (at Annexure-A), and consequently allow the application Exhibit-8 (at Annexure-D), directing the impleadment of the Petitioners as party defendants in the said suit; C. YOUR LORDSHIPS may be pleased to hold and declare that the Petitioners are necessary and proper parties to Regular Civil Suit No. 415 of 2025 for a complete, effective, and. just adjudication of the family partition dispute; D. YOUR LORDSHIPS may be pleased to stay the C/SCA/10282/2026 ORDER DATED: 30/07/2026 operation, execution, implementation, and further proceedings of Regular Civil Suit No. 415 of 2025 pending before the learned Additional Civil Judge, Sanand, including any orders or decrees to be passed below the Exhibit-18 compromise application (Annexure-F and H), till the final disposal of this petition;”
#3. After arguing for some time, Mr.Soni, learned advocate for the petitioners, under the instructions of his clients, does not press this petition with a liberty to challenge the consent decree, if any, that will be passed by the Trial Court in the suit.
#4. The permission as sought for is granted.
#5. It is open for the petitioners to challenge the consent decree before the Court concerned, in accordance with law. As and when such occasion arises before the Court concerned at the instance of the petitioners, after giving an opportunity of hearing to all parties concerned, the Court shall decide such objections of the petitioners, in accordance with law.
#6. It is made clear that this Court has neither gone into nor examined the merits of the matter, thereby the rights and contentions of the respective parties are hereby kept open.
#7. With the aforesaid observations and directions, the present petition is disposed of, as not pressed. GAURAV J THAKER (MAULIK J. SHELAT, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present petition is disposed of, as not pressed
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Gujarat High Court, on 30 Jul 2026. The bench was MAULIK, ADDITIONAL CIVIL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.