High Court of Gujarat

JIGNESH YASHESHCHANDRA UPADHYAYversusKALPESH HARIKRISHNA GOR

Disposal: 40-WITHDRAWN @ FH
Bench: DEVAN M DESAI

Holding

The petition is disposed of as withdrawn.

Summary

The petitioner filed a Special Civil Application seeking relief, but later submitted the order of the City Civil Judge showing that the underlying civil suit (No. 819 of 2014) had been settled and withdrawn. The petitioner requested that the present petition be withdrawn in view of the settlement. The Court examined the submitted order and settlement pursis, and found no reason to continue the petition. Consequently, the Court disposed of the petition as withdrawn.

Issues considered

Whether the Special Civil Application can be withdrawn on account of settlement and withdrawal of the underlying suit

Subjects

settlementwithdrawal of suitspecial civil applicationdisposalcivil procedure

Judgment

         C/SCA/11166/2019                                                       ORDER DATED: 23/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 11166 of 2019

  ==========================================================
              JIGNESH YASHESHCHANDRA UPADHYAY
                                   Versus
                KALPESH HARIKRISHNA GOR & ORS.
  ==========================================================
  Appearance:
  MR KV SHELAT(834) for the Petitioner(s) No. 1
  MR SR YADAV(2395) for the Respondent(s) No. 1
  NOTICE SERVED BY DS for the Respondent(s) No. 2,3
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                             Date : 23/02/2026

                                               ORAL ORDER


            Learned advocate Mr. Anurag Rathor for learned advocate

  Mr. K.V. Shelat for the petitioner has placed on record a copy of

  the order dated 16.02.2025 passed by the learned City Civil Judge,

  Ahmedabad, as well as a copy of the settlement pursis. The same

  are taken on record. It is submitted that the main suit, being Civil

  Suit No. 819 of 2014, has been withdrawn in view of the settlement

  arrived at between the parties, and therefore, learned advocate for

  the petitioner prays for withdrawal of the present petition.


            In view of the above, the present petition stands disposed of

  as withdrawn.

                                                                                           (D. M. DESAI,J)
  MUSKAN

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MUSKAN AJAY MENON(HC02359), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 23/02/2026 15:48:58
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