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High Court of Gujarat

MAVANI MANJULA DHANJIBHAIversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court restored Special Civil Application No.12959 of 2019 to its original file and revived any interim relief.

Summary

Mavani Manjula Dhanjibhai and another filed Special Civil Application No.12959 of 2019 against the State of Gujarat, which had earlier been dismissed. They subsequently moved a Miscellaneous Civil Application (No.174 of 2026) seeking restoration of the dismissed petition. The learned counsel for the applicants assured the court that they would diligently pursue the matter if restored. After hearing the submissions, the Court held that the application deserved to be allowed and ordered the special civil application to be restored to its original file. The Court further directed that any interim relief that was in force at the time of dismissal would be revived and listed the main matter for hearing on 16‑02‑2026.

Issues considered

  • Whether a Special Civil Application dismissed earlier can be restored to its original file
  • Whether interim relief operative at the time of dismissal should be revived upon restoration

Subjects

restoration of proceedingsspecial civil applicationinterim reliefprocedural lawhigh court order

Judgment

     C/MCA/174/2026                                    ORDER DATED: 20/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 174 of
                           2026
        In R/SPECIAL CIVIL APPLICATION/12959/2019
=============================================
                MAVANI MANJULA DHANJIBHAI & ANR.
                             Versus
                    STATE OF GUJARAT & ANR.
=============================================
Appearance:
MR HARDIK C RAWAL(719) for the Applicant(s) No. 1,2
MRS MH RAWAL(2851) for the Applicant(s) No. 1,2
MS NIDHI VYAS, AGP for the Opponent(s) No. 1,2
=============================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                             Date : 20/01/2026
                              ORAL ORDER

1.    Heard Mr.Hardik Rawal, learned advocate for the
applicants – original petitioners.

2.    Learned advocate Mr.Rawal would submit that one
opportunity       may   be    given     to      the   applicants       and       she
undertakes to conduct the matter as and when it is taken up
for hearing.

3.    Having heard learned advocate for the applicants and
considering the averments made in the application as well as
assurance given by learned advocate for the applicants, the
present application deserves to be allowed, which is hereby
allowed in terms of paragraph 3(B) of the application. Special
Civil Application No.12959 of 2019 is ordered to be restored
back on its original ?le.




                                  Page 1 of 2
            C/MCA/174/2026                                                                ORDER DATED: 20/01/2026




   4.         It goes without saying that interim relief, if any,
   operating on the date of dismissal of this petition would also
   stand revive.


   5.         List the main matter on 16.02.2026.


                                                                                  (MAULIK J. SHELAT, J)
   GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 20/01/2026 14:26:54




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