High Court of Gujarat

BHAVESH PRAVINCHANDRA RAJYAGURUversusBHUMIBEN BHAVESH RAJYAGURU D/O KANTIBHAI PATEL

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: DEVAN M DESAI

Holding

The court granted permission to withdraw the application and dismissed it as withdrawn.

Summary

The applicant, Bhavesh Pravinchandra Rajyaguru, filed a special civil application for restoration and later sought the court’s permission to withdraw the same. The respondent, Bhumiben Bhavesh Rajyaguru, opposed the withdrawal. The court examined whether it could allow the withdrawal of a pending civil application. It granted the request, dismissing the application as withdrawn without expressing any opinion on the merits and without ordering costs. The notice was discharged, and the matter was concluded procedurally.

Issues considered

Whether the court may grant permission to withdraw a pending civil application
Whether costs should be awarded upon withdrawal of the application

Subjects

withdrawal of applicationcivil procedurerestorationdismissalcosts

Judgment

               C/MCA/3086/2025                                                        ORDER DATED: 05/03/2026




                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3086 of 2025

                             In R/SPECIAL CIVIL APPLICATION/20005/2023

        ==========================================================
                         BHAVESH PRAVINCHANDRA RAJYAGURU
                                       Versus
                   BHUMIBEN BHAVESH RAJYAGURU D/O KANTIBHAI PATEL
        ==========================================================
        Appearance:
        MR SHIVAM R PANDEY(12222) for the Applicant(s) No. 1
        MR VEDANT AVADHOOT SUMANT(13736) for the Applicant(s) No. 1
        MR. HARDEEP L MAHIDA(7112) for the Opponent(s) No. 1
        MS DIMPLE PATEL(8995) for the Opponent(s) No. 1
        ==========================================================

             CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                    Date : 05/03/2026

                                                      ORAL ORDER


                  Learned advocate for the applicant, upon instructions, seeks

        permission to withdraw this application.                               Permission is granted, as

        prayed for. The application stands dismissed as withdrawn. It is made

        clear that this Court has not expressed any opinion on merits of the

        matter. No order as to costs. Notice is discharged.




                                                                                                  (D. M. DESAI,J)
        vk


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VATSAL KOTECHA(HC00352), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/03/2026 14:24:11




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