High Court of Gujarat

NAYANBHAI VEJABHAI KANETversusGOVINDBHAI VALABHAI MAKWANA

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

Holding

A first appeal dismissed for non‑removal of office objections may be restored if the objection is removed within the time prescribed by the Court.

Summary

The applicant filed an application seeking restoration of First Appeal No. 30349 of 2025, which had been dismissed because the appellant had not removed the office objections. The High Court examined whether the appeal could be reinstated despite the earlier procedural lapse. The learned advocate for the applicant demonstrated that the objection could now be removed. The Court held that the main matter could be restored, subject to the removal of any remaining office objections within a stipulated period. The order directed that if the objections are not removed within two weeks, the restoration would automatically lapse and the appeal would stand dismissed. Consequently, the application for restoration was allowed conditionally.

Issues considered

Whether a first appeal dismissed for non‑removal of office objections can be restored upon subsequent removal of the objection.

Subjects

restoration of appealoffice objectionscivil procedurehigh court orderconditional restoration

Judgment

       C/MCA/3092/2025                                                              ORDER DATED: 06/01/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3092 of
                           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 main matter i.e.
First Appeal No.30349 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 main matter 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 16:13:43




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