High Court of Gujarat

AMRATLAL SOMCHANDBHAI THAKKARversusKIRTIKUMAR KARSHANDAS SADHU

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The court ordered the restoration of the second appeal, subject to the applicant removing the office objections by 14 August 2026.

Summary

The applicant, Amratlal Somchandbhai Thakkar, filed a second appeal that had been dismissed and subsequently moved a miscellaneous civil application seeking restoration of that appeal. The applicant was represented by Ms. Poonam Soni, who assured the court that any pending office objections would be removed within a timeframe set by the court. The court considered the applicant’s assurances and the merits of the restoration request. It held that the application should be allowed, conditional upon the removal of the office objections by 14 August 2026. The court ordered that the main second appeal be restored to its original file, with the stipulation that failure to remove the objections would result in dismissal of the application.

Issues considered

Whether the second appeal should be restored to the original file
Whether the restoration can be conditioned on the removal of office objections by a specified date

Subjects

restorationsecond appealoffice objectionsHigh Court of Gujaratcivil procedure

Judgment

        C/MCA/1840/2026                                                                ORDER DATED: 27/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/MISC. CIVIL APPLICATION (FOR RESTORATION)NO.1840 of
                           2026
              In F/SECOND APPEAL/32329/2025
=============================================
            AMRATLAL SOMCHANDBHAI THAKKAR
                          Versus
              KIRTIKUMAR KARSHANDAS SADHU
=============================================
Appearance:
MS POONAM SONI FOR MR ZUBIN F BHARDA(159) for the
Applicant(s) No. 1
=============================================
 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
                                             Date : 27/07/2026
                                              ORAL ORDER

1.         Heard Ms.Poonam Soni, learned advocate for Mr.Zubin
Bharda, learned advocate for the applicant.


2.         Ms.Soni, learned advocate would assure that this Court
that the office objections will be removed within the time that
may be stipulated by this Court.

3.         Having heard learned advocate for the applicant and
considering the averments made in the application as well as
assurance given by learned advocate for the applicant, the
present application deserves to be allowed, which is hereby
allowed in terms of paragraph 8(A) of the application, subject
to removal of office objections by the applicant on or before
14.08.2026, failing which the matter shall stand dismissed for
non-removal of office objection without reference to the Court.
Subject to above, the main Second Appeal is ordered to be
restored back on its original file.

                                                                               (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 27/07/2026 14:57:36


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