High Court of Gujarat

HEIRS OF DECEASED MANIBEN,WIFE OF ATABHAI MADHABHAI GOHELversusRAJNIKANT GORDHANBHAI PATEL

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The second appeal is restored to its original file.

Summary

The Second Appeal No. 31283 of 2025 was dismissed for default because the appellant failed to remove office objections. The appellant filed a Miscellaneous Civil Application for restoration of the dismissed appeal. The court examined the application and the circumstances of the default. It held that the appeal could be restored to its original file despite the earlier dismissal. Consequently, the application for restoration was allowed and the second appeal was reinstated.

Issues considered

Whether a second appeal dismissed for default on account of non‑removal of office objections can be restored
Whether procedural default can be cured by a miscellaneous civil application

Subjects

restoration of appealdefault dismissalprocedural lawcivil proceduremiscellaneous civil application

Judgment

         C/MCA/3068/2025                                                            ORDER DATED: 13/02/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3068 of 2025

                                 In F/SECOND APPEAL/31283/2025

 ==========================================================
  HEIRS OF DECEASED MANIBEN,WIFE OF ATABHAI MADHABHAI GOHEL
                            & ORS.
                            Versus
              RAJNIKANT GORDHANBHAI PATEL & ANR.
 ==========================================================
 Appearance:
 MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                               Date : 13/02/2026

                                                  ORAL ORDER


            Having heard learned advocate for the applicant and having gone
 through the contents of the application, the Second Appeal being F/
 Second Appeal No.31283 of 2025, which has been dismissed for default
 on account of non-removal of office objections, is ordered to be restored
 to its original file. The present Miscellaneous Civil Application for
 restoration is allowed and it is disposed of accordingly.



                                                                                                 (J. C. DOSHI,J)
 MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 13/02/2026 16:09:14




                                                       Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "restoration of appeal"Sign in to search