High Court of Gujarat

NAYANBHAI VEJABHAI KANETversusGOVINDBHAI VALABHAI MAKWANA

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The court restored the dismissed civil application, conditioning the restoration on removal of office objections within two weeks.

Summary

The applicant filed a miscellaneous civil application seeking restoration of Civil Application No. 30350 of 2025, which had been dismissed for failure to remove office objections. The applicant asserted that the objection could now be removed. The learned counsel for the applicant demonstrated the ability to satisfy the objection. The court considered whether the earlier dismissal could be set aside in view of the applicant's readiness to comply. It held that restoration was permissible provided the objection is removed within two weeks, after which the application would be automatically dismissed. Consequently, the civil application was restored subject to the stipulated condition.

Issues considered

Whether a civil application dismissed for non‑removal of office objections can be restored upon the applicant's claim of ability to remove the objection.

Subjects

restoration of suitcivil procedureoffice objectionsdismissalHigh Court of Gujarat

Judgment

        C/MCA/3091/2025                                                              ORDER DATED: 06/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3091 of
                            2025

                          In F/CIVIL APPLICATION/30350/2025
                             In F/FIRST APPEAL/30349/2025

==============================================
                   NAYANBHAI VEJABHAI KANET
                                Versus
             GOVINDBHAI VALABHAI MAKWANA & ORS.
==============================================
Appearance:
APURVA K JANI(7057) for the Applicant(s) No. 1
==============================================

    CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 06/01/2026

                                                  ORAL ORDER


           The instant application is filed for restoration of Civil Application
No.30350 of 2025, which stood dismissed for non-removal of office
objections.


           Considering the averments made in the application and learned
Advocate for the applicant is able to remove objection, present application
is allowed and the Civil Application is hereby restored subject to removal
of office objections, if any, within two weeks from today, failing which,
the same shall stand dismissed automatically.




                                                                              (HASMUKH D. SUTHAR,J)

ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 06/01/2026 16:14:19




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