GHANSHYAMBHAI ABHIMANBHAI MAHAJAN vs HEMANTBHAI CHAMPAKBHAI PATEL — 50/2023

Case under Code of Civil Procedure Section 96. Disposed: Contested--DISMISSED on 01st April 2026.

Case disposed

RCA - REGULAR CIVIL APPEAL

CNR: GJSR010032182023

Filing Number

50/2023

Filing Date

06-Mar-2023

Registration No

50/2023

Registration Date

06-Mar-2023

Court

DISTRICT AND SESSIONS COURT SURAT

Judge

3-8th Addl District Judge

Decision Date

01-Apr-2026

Nature of Disposal

Contested--DISMISSED

Last updated 05-Jul-2026

Acts & Sections

Code of Civil Procedure Section 96

Petitioner(s)

  1. 1.GHANSHYAMBHAI ABHIMANBHAI MAHAJAN

    Adv. J N RANA

  2. 2.PARASMAL HIRALAL JAIN

Respondent(s)

  1. 1.HEMANTBHAI CHAMPAKBHAI PATEL

  2. 2.ANANDKUMAR RAMJANAK CHUDHARI

    Adv. K N MSHRUWALA

Case History

  1. Case disposedDisposed

  2. 01-Apr-2026

    JudegementView PDF

    The appellate court dismissed the plaintiffs' appeal, upholding the trial court's dismissal of their suit for declaration and injunction regarding plots 19 and 20. The court found that the plaintiffs failed to prove actual possession of the property, which is essential for obtaining permanent injunction under Section 38 of the Specific Relief Act. The defendants' possession receipts from Ms. Maniben's power of attorney were dated earlier (September 1990 and February 1991) than those issued to the plaintiffs' predecessor (July 1991), establishing prior rights under the legal principle that no seller can transfer better title than possessed. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 01-Apr-2026

    Disposed

    8th Addl District Judge

  4. 24-Mar-2026

    Judgement

    8th Addl District Judge

  5. 24-Feb-2026

    Judgement

    8th Addl District Judge

  6. 30-Jan-2026

    Judgement

    8th Addl District Judge

  7. 23-Jan-2026

    Final Arguments

    8th Addl District Judge

  8. 12-Jan-2026

    Final Arguments

    8th Addl District Judge

  9. 31-Dec-2025

    Final Arguments

    8th Addl District Judge

  10. 16-Dec-2025

    Final Arguments

    8th Addl District Judge

  11. 25-Nov-2025

    Final Arguments

    9th Addl District Judge

  12. 17-Nov-2025

    Final Arguments

    9th Addl District Judge

  13. 14-Oct-2025

    Final Arguments

    9th Addl District Judge

  14. 29-Sep-2025

    Final Arguments

    9th Addl District Judge

  15. 15-Sep-2025

    Final Arguments

    9th Addl District Judge

  16. 13-Aug-2025

    Final Arguments

    18th Addl District Judge

  17. 21-Jul-2025

    Final Arguments

    18th Addl District Judge

  18. 04-Jul-2025

    Final Arguments

    18th Addl District Judge

  19. 18-Jun-2025

    Final Arguments

    18th Addl District Judge

  20. 30-May-2025

    Final Arguments

    18th Addl District Judge

  21. 21-Apr-2025

    Final Arguments

    10th Addl District Judge

  22. 15-Mar-2025

    Final Arguments

    10th Addl District Judge

  23. 05-Feb-2025

    Final Arguments

    10th Addl District Judge

  24. 01-Jan-2025

    Final Arguments

    10th Addl District Judge

  25. 21-Nov-2024

    Final Arguments

    10th Addl District Judge

  26. 15-Oct-2024

    Final Arguments

    10th Addl District Judge

  27. 09-Sep-2024

    Final Arguments

    11th Addl District Judge

  28. 01-Aug-2024

    Final Arguments

    11th Addl District Judge

  29. 18-Jun-2024

    For R&P

    11th Addl District Judge

  30. 23-Apr-2024

    For R&P

    14th Addl District Judge

  31. 04-Mar-2024

    For R&P

    14th Addl District Judge

  32. 17-Jan-2024

    For R&P

    14th Addl District Judge

  33. 02-Dec-2023

    For R&P

    14th Addl District Judge

  34. 09-Oct-2023

    For R&P

    14th Addl District Judge

  35. 30-Sep-2023

    Order On Interim Hearing

    14th Addl District Judge

  36. 04-Sep-2023

    Order On Interim Hearing

    14th Addl District Judge

  37. 20-Jul-2023

    Hearing

    14th Addl District Judge

  38. 09-Jun-2023

    Hearing

    14th Addl District Judge

  39. 24-Apr-2023

    First hearing

    Initial hearing scheduled

  40. 06-Mar-2023

    Case filed

    Registration No. 50/2023

casestatus.in Summary

The appellate court dismissed the plaintiffs' appeal, upholding the trial court's dismissal of their suit for declaration and injunction regarding plots 19 and 20. The court found that the plaintiffs failed to prove actual possession of the property, which is essential for obtaining permanent injunction under Section 38 of the Specific Relief Act. The defendants' possession receipts from Ms. Maniben's power of attorney were dated earlier (September 1990 and February 1991) than those issued to the plaintiffs' predecessor (July 1991), establishing prior rights under the legal principle that no seller can transfer better title than possessed. This case analysis is maintained by casestatus.in based on publicly available court records.

Explore other courts

High Courts Supreme Court
Search Another Case