POONAMBEN SAMANTHBHAI HAPANI W/O MADHA RAVAJI RATHODversusVAGHAJIBHAI PREMJIBHAI HAPANI
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- C DOSHI
Holding
The Court allowed the petitioners to withdraw the petition and vacated the earlier interim relief.
Summary
The petitioners sought permission to withdraw their civil revision application and the accompanying stay application, requesting that the trial proceed expeditiously. The High Court granted the withdrawal, vacated the interim relief previously ordered, and directed the trial court to conclude the suit within nine months of the order. The court instructed the trial judge to decide the case on its merits without being influenced by any prior observations. Both parties were ordered to cooperate and avoid unnecessary adjournments. The court clarified that it had not examined the merits of the dispute, leaving all substantive contentions open for determination by the appropriate court.
Issues considered
- Whether the petitioners may be permitted to withdraw their civil revision and stay applications
- Effect of the withdrawal on the previously granted interim relief
Subjects
Judgment
C/CRA/388/2025 ORDER DATED: 20/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 388 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/CIVIL REVISION APPLICATION NO. 388 of 2025
==========================================================
POONAMBEN SAMANTHBHAI HAPANI W/O MADHA RAVAJI RATHOD &
ORS.
Versus
VAGHAJIBHAI PREMJIBHAI HAPANI & ORS.
==========================================================
Appearance:
MR. HARDIK J JANI(6497) for the Applicant(s) No. 1,2,3,4,5,6,7
MS VANDANA H JANI(13859) for the Applicant(s) No. 1,2,3,4,5,6,7
MR BHAVIK V BHATT(11508) for the Opponent(s) No. 1,2,3,4,5,6
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 20/01/2026
ORAL ORDER
Learned advocate for the petitioners, 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petition stands disposed of as withdrawn with above liberty.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. Interim relief granted earlier stands
vacated.
The learned trial Court is directed to conclude the trial
as early as possible, preferably within nine months 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
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C/CRA/388/2025 ORDER DATED: 20/01/2026
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
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.
Consequently, CA does not survive and stands disposed
of accordingly.
(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 20/01/2026 15:40:32
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