High Court of Gujarat

DINESHBHAI POLABHAI KHATARIYAversusMANAGING TRUSTEE SHREE, SARVODAY EDUCATION TRUST

Decided: 4 February 2026
Disposal: 40-WITHDRAWN @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The court held that it may grant permission to withdraw a petition, and upon such permission the petition is disposed of as withdrawn and any interim relief is vacated.

Summary

The petitioner, Dineshbhai Polabhai Khatariya, filed a special civil application and later sought the Court's permission to withdraw the petition. Counsel for the petitioner, Mr. Samir B. Gohil, applied for this withdrawal. The Hon'ble Justice Hemant M. Prachchak granted the request, ordering that the petition stand disposed of as withdrawn. Consequently, any interim relief that may have been granted was vacated immediately. The Court expressly noted that it did not consider the merits of the case.

Subjects

withdrawal of petition
interim relief
civil procedure

Judgment

       C/SCA/11016/2020                                                                ORDER DATED: 04/02/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 11016 of 2020

==========================================================
              DINESHBHAI POLABHAI KHATARIYA
                          Versus
 MANAGING TRUSTEE SHREE, SARVODAY EDUCATION TRUST & ANR.
==========================================================
Appearance:
MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1
MS AGNEYA MANKAD AGP for the Respondent(s) No. 2
MR PRATIK Y JASANI(5325) for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                Date : 04/02/2026

                                                  ORAL ORDER

          Mr.         Samir             B.       Gohil,           learned              counsel              for        the
petitioner,               under             instructions,                   seeks            permission                   to
withdraw present petition.
          Permission as sought for is granted. The petition
stands disposed of as withdrawn. Rule is discharged.
Interim relief, if any, stands vacated forthwith. It is
clari!ed that this Court has not entered into the merits of
the case.


                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/02/2026 17:50:12




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