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High Court of Gujarat

LHS OF DECD. RAMJIBHAI JETHABHAI RATHODversusMANIBEN W/O ARJAN LAKHMAN (ABATED)

Disposal
27-WITHDRAWN @ ADM.STAGE
Bench
C DOSHI

Holding

Permission to withdraw the appeal was granted, resulting in the appeal being disposed of as withdrawn.

Summary

The appellants filed a second appeal and sought the court's permission to withdraw it. The learned advocate, on behalf of the appellants, requested that the appeal be withdrawn. Justice J.C. Doshi granted the permission, ordering that the appeal stand disposed of as withdrawn. Consequently, the associated civil application for stay was also dismissed, and any interim relief previously granted was vacated. The records and pleadings were directed to be sent back to the lower court.

Issues considered

  • Whether the court may grant permission to withdraw a pending appeal
  • Effect of withdrawal on a related civil application for stay and any interim relief

Subjects

withdrawal of appealcivil applicationstay orderinterim relief vacatedhigh court procedure

Judgment

          C/SA/393/2025                                                 ORDER DATED: 09/02/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SECOND APPEAL NO. 393 of 2025

                                       With
                    CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                        In R/SECOND APPEAL NO. 393 of 2025
 ==========================================================
             LHS OF DECD. RAMJIBHAI JETHABHAI RATHOD & ORS.
                                 Versus
               MANIBEN W/O ARJAN LAKHMAN (ABATED) & ORS.
 ==========================================================
 Appearance:
 JENIL M SHAH(7840) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                         Date : 09/02/2026

                                           ORAL ORDER
        Learned advocate for the appellants, under instruction, seeks
 permission to withdraw the present appeal.
        Permission, as prayed for, is granted. The present appeal
 stands disposed of as withdrawn.
        Civil Application does not survive. Interim relief granted
 earlier, if any, stands vacated. R & P, if any, be sent back to
 concerned Court below forthwith.

                                                                                     (J. C. DOSHI,J)
 MANISH MISHRA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANISH MISHRA(HC01776), STENO GR II, at High Court of Gujarat on 09/02/2026 15:24:05




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