High Court of Gujarat

SOMABHAI KARSANBHAI MAKWANAversusUNION OF INDIA

Decided: 11 August 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court allowed the withdrawal of the petition and disposed of the main and connected applications as infructuous.

Summary

Petitioners Somabhai Karsanbhai Makwana & ors filed a Special Civil Application and sought the Court's permission to withdraw the petition at an early stage. The petition was filed against the Union of India and another party. The petitioners, through Nanavati & Co., requested the withdrawal, and the Court, after hearing, granted the request, declaring the petition withdrawn as infructuous. The Court expressly noted that it did not examine the merits of the case because the withdrawal was sought at the outset. All connected civil applications for joining parties were also ordered to stand disposed. No order as to costs was made.

Issues considered

Whether the High Court may permit a petitioner to withdraw a Special Civil Application at the preliminary stage.
Whether connected civil applications for joining parties survive after the main petition is withdrawn.

Subjects

withdrawal of suit
special civil application
connected applications
civil procedure
high court jurisdiction

Judgment

       C/SCA/1216/2020                                                             ORDER DATED: 11/08/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO.1216 of 2020
                                   With
           CIVIL APPLICATION (FOR JOINING PARTY) NO.1 of 2020
              In R/SPECIAL CIVIL APPLICATION NO.1216 of 2020
                                   With
           CIVIL APPLICATION (FOR JOINING PARTY) NO.2 of 2020
              In R/SPECIAL CIVIL APPLICATION NO.1216 of 2020
                                   With
           CIVIL APPLICATION (FOR JOINING PARTY) NO.3 of 2020
              In R/SPECIAL CIVIL APPLICATION NO.1216 of 2020
==========================================================
                      SOMABHAI KARSANBHAI MAKWANA & ORS.
                                    Versus
                             UNION OF INDIA & ANR.
==========================================================
Appearance :
NANAVATI & CO. for the Petitioners.
MR CHAITANYA S JOSHI for the Respondent Nos.1,2
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                            Date : 11/08/2026
                                                 ORDER

                    Learned advocate Mr. Maulik Nanavati appearing for
Nanavati & Co. for the petitioners, under instructions, seeks
permission to withdraw this petition at this stage. Permission as
prayed for is granted.                            The petition stands disposed of as
withdrawn as having become infructuous.                                           Notice is discharged.
No order as to costs.                       It is made clear that this Court has not
examined the merits of the matter as the request for withdrawal is
made at the outset.


                    Connected civil applications also would not survive and
the same also stand disposed of.
                                                                                 (NIRZAR S. DESAI,J)



SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/08/2026 17:35:50


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Chaitanya S Joshi