UMARJI ISMAIL MUSAversusIDRIS MOHAMMAD VALI SHETH
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- C DOSHI
Holding
The court held that the petition may be withdrawn and the trial must be concluded within a year, with the trial judge deciding the merits independently.
Summary
The petitioner, Umarji Ismail Musa, sought permission to withdraw his civil revision petition, which contained only an innocuous relief, in order to expedite the pending trial. The High Court considered the request and granted permission for the withdrawal, disposing the petition as withdrawn. The court directed the trial court to conclude the trial within one year from the date of the order. It further instructed the trial judge to decide the suit on its own merits without being influenced by any observations made in the impugned order or this order. The parties were ordered to cooperate with the trial judge and avoid unnecessary adjournments, while all substantive contentions remain open for adjudication in the appropriate court.
Issues considered
- Whether the petitioner may be permitted to withdraw the civil revision petition with an innocuous relief
- Whether the trial court can be directed to expedite the trial and conclude it within a specified period
Subjects
Judgment
C/CRA/34/2024 ORDER DATED: 13/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 34 of 2024
==========================================================
UMARJI ISMAIL MUSA
Versus
IDRIS MOHAMMAD VALI SHETH & ORS.
==========================================================
Appearance:
ANURAG V AGRAWAL(9295) for the Applicant(s) No. 1
MR SP MAJMUDAR(3456) for the Opponent(s) No. 1,2,3,4,5
MR UMANG R SHAH(12013) for the Opponent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/01/2026
ORAL ORDER
Learned advocate for the petitioner, upon instructions,
seeks permission to withdraw present petition with an
innocuous relief to expedite the trial. Permission granted. The
petition stands disposed of as withdrawn with above liberty.
Notice discharged.
The learned trial Court is directed to conclude the trial
as early as possible, preferably within one year from the date
of receipt of this order.
The learned trial Judge shall decide the suit on its own
merit without influenced by the observations recorded in the
impugned order and the observations recorded in this order.
The parties are directed to cooperate with the learned trial Judge
and shall not seek unnecessary adjournments for expeditious
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C/CRA/34/2024 ORDER DATED: 13/01/2026
disposal of the suit.
It is clari!ed that this Court has not examined the merits
of the matter and therefore, all the contentions of both the
parties are kept open to be agitated before the appropriate
Court.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 13/01/2026 15:09:27
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