High Court of Gujarat

AVANISH BHAGWATBHAI GAJJARversusUSHABEN ALIAS JYOTSNA BEN D/O KARSANBHAI W/O KANUBHAI GALABHAI

Decided: 14 August 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ANIRUDDHA P MAYEE

Holding

Permission is granted to withdraw the Special Civil Application with liberty to file an appeal before the Collector, Kheda.

Summary

The petitioners filed a Special Civil Application seeking permission to withdraw the proceeding and to be allowed to file an appeal before the Collector of Kheda. After hearing arguments, the learned counsel for the petitioners requested liberty to withdraw the application and to pursue the appeal. The Court examined whether such withdrawal could be permitted without prejudice to the petitioners' right to appeal. The Judge granted the petitioners' request, allowing the withdrawal of the Special Civil Application and expressly permitting them to file the appeal before the Collector. Consequently, the application was dismissed as withdrawn, with a direction that any subsequent appeal be decided expeditiously.

Issues considered

Whether the petitioners may be permitted to withdraw the Special Civil Application
Whether the petitioners can be granted liberty to file an appeal before the Collector, Kheda

Subjects

withdrawal of application
special civil application
appeal to collector
procedural law
court order

Judgment

        C/SCA/11324/2026                                                                   ORDER DATED: 14/08/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 11324 of 2026

==========================================================
               AVANISH BHAGWATBHAI GAJJAR & ANR.
                              Versus
      USHABEN ALIAS JYOTSNA BEN D/O KARSANBHAI W/O KANUBHAI
                         GALABHAI & ORS.
==========================================================
Appearance:
JAY R SHAH(8428) for the Petitioner(s) No. 1,2
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 10,11,12,3,4,5,6,7,8,9
MR JINESH H KAPADIA(5601) for the Petitioner(s) No. 1,2
MR DHAVAL TRIVEDI AGP for the Respondent(s) No. 2,3,4,5
==========================================================

   CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                   Date : 14/08/2026

                                                     ORAL ORDER


           After          some           submissions,                    learned             advocate               for       the
petitioners submits that he may be permitted to withdraw the
present Special Civil Application with a liberty to file an appeal
before the learned Collector, Kheda.
           Permission is granted with the aforesaid liberty.
           The present Special Civil Application is dismissed as
withdrawn.
           Needless to say that if such an appeal is filed by the
petitioners, the same shall be decided expeditiously.




                                                                                  (ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/08/2026 14:57:52




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