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High Court of Gujarat

VRAJLAL SAKARLALSINCE DECD. THRO HIS HEIRSversusCHHOTALAL DURLABHRAM SINCE DECD. THROUGH HEIRS

Disposal
40-WITHDRAWN @ FH
Bench
C DOSHI

Holding

The court held that the second appeal stands disposed of as withdrawn, and all connected civil applications and interim relief are accordingly vacated.

Summary

The appellants filed a second appeal (C/SA/217/2010) along with several civil applications for condonation of delay, bringing heirs, and direction. The court initially allowed the civil applications to bring certain heirs on record. Subsequently, the appellant's counsel submitted written instructions to withdraw the second appeal. The court accepted the withdrawal, disposing of the second appeal as withdrawn. Consequently, the interim relief was vacated and the connected civil applications were also disposed. The order was signed by Justice J.C. Doshi and digitally authenticated by the Principal Private Secretary of the High Court of Gujarat.

Issues considered

  • Whether the second appeal may be withdrawn by the appellants after the civil applications were allowed
  • Effect of the withdrawal on the interim relief and the pending civil applications

Subjects

Second AppealWithdrawal of AppealCivil ApplicationCondonation of DelayBringing HeirsInterim ReliefHigh Court of Gujarat

Judgment

       C/SA/217/2010                               ORDER DATED: 05/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SECOND APPEAL NO. 217 of 2010

                               With
  CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2026
     In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
                 In R/SECOND APPEAL NO. 217 of 2010
                               With
          CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2013
                 In R/SECOND APPEAL NO. 217 of 2010
                               With
       CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
                 In R/SECOND APPEAL NO. 217 of 2010
==========================================================
        VRAJLAL SAKARLALSINCE DECD. THRO HIS HEIRS & ORS.
                             Versus
     CHHOTALAL DURLABHRAM SINCE DECD. THROUGH HEIRS & ORS.
==========================================================
Appearance:
MR AMIT V THAKKAR(3073) for the Appellant(s) No. 1,2,3,4.1,4.2,5,6
MR P P MAJMUDAR(5284) for the Respondent(s) No.
1.1,1.2,1.3,1.7,1.8,2,3,4,5
MR SP MAJMUDAR(3456) for the Respondent(s) No.
1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,2,3,4,5
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 05/03/2026

                                ORAL ORDER

1.      Civil Applications No. 1 of 2026 and 2 of 2026 are
allowed in the peculiar facts and circumstances of the case.
The heirs of deceased appellants No. 2,3 and 5                               are
permitted to be brought on record and accordingly they are
joined as appellant.


2.      Necessary amendment to be carried out in due course.
Learned        advocate Mr. Amit V. Thakkar appearing for the
appellants submits that he has instructions to withdraw the
Second Appeal and he has placed on record the written
communications received from the appellants and it is taken


                                   Page 1 of 2
                       C/SA/217/2010                                                         ORDER DATED: 05/03/2026




              on record.


              4.        In view of the aforesaid written communications and
              on instructions for withdrawal of the Second Appeal,                                                           the
              Second Appeal stands disposed of as withdrawn.


              5.        Interim relief stands vacated. R & P to be send back
              forthwith.


              6.        Connected Civil Application also does not survive and
              stands disposed of accordingly.




                                                                                                           (J. C. DOSHI,J)
              MARY VADAKKAN




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 15:27:23




                                                                  Page 2 of 2


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For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.