HEIRS OF KALUSING PRATAPSINH PARMAR AND RUPALIBEN KALUSINH PARMARversusHEIRS OF DECEASED NARSINGBHAI VAJABHAI
- Disposal
- 36-MCA DISPOSED OF
- Bench
- VAIBHAVI D NANAVATI
Holding
The court held that the Special Civil Application No.1458 of 2025 may be restored to its original file.
Summary
The petitioners, heirs of Kalusing Pratapsinh Parmar, filed a miscellaneous civil application seeking restoration of Special Civil Application No.1458 of 2025, which had been dismissed for default due to lack of prosecution. The respondents opposed the restoration. The court examined the averments made in the restoration application and found them sufficient to justify setting aside the default dismissal. Accordingly, the court allowed the restoration and ordered the special civil application to be reinstated to its original file. The present restoration application was then disposed of.
Issues considered
- Whether a Special Civil Application dismissed for want of prosecution may be restored on the basis of a restoration application?
Subjects
Judgment
C/MCA/70/2026 ORDER DATED: 12/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 70 of
2026
In R/SPECIAL CIVIL APPLICATION/1458/2025
=============================================
HEIRS OF KALUSING PRATAPSINH PARMAR AND RUPALIBEN
KALUSINH PARMAR & ORS.
Versus
HEIRS OF DECEASED NARSINGBHAI VAJABHAI & ORS.
=============================================
Appearance:
SUDHANSHU A JHA(8345) for the Applicant(s) No. 1,1.1,1.2
MS DEVANSHIBA RANA, AGP for the Opponent(s) No. 5,6
=============================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 12/01/2026
ORAL ORDER
1. The present application is filed for restoration of the
captioned petition being Special Civil Application No.1458 of
2025, which was dismissed for default for want of prosecution
by order dated 02.12.2025.
2. Heard Mr. Sudhanshu A. Jha, learned advocate appearing
for the petitioners.
3. Considering the averments made in the application for
restoration, the same is allowed and the Special Civil
Application No.1458 of 2025 is ordered to be restored to its
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C/MCA/70/2026 ORDER DATED: 12/01/2026
original file. Accordingly, the present application stands
disposed of.
(VAIBHAVI D. NANAVATI,J)
NEHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NEHA CHANDRESHKUMAR PRAJAPATI(HC01404), STENO GR II, at High Court of Gujarat on 12/01/2026 17:04:31
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