High Court of Gujarat

KRUSHNA PRERAK DAVEversusTHE REGISTRAR, FAMILY COURT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The petition is allowed to be withdrawn unconditionally with liberty to re‑approach, without examination of merits.

Summary

Krushna Prerak Dave filed a Special Civil Application before the Gujarat High Court seeking relief in a family suit pending before the Family Court, Gandhinagar. The petitioner, appearing in person, filed a withdrawal pursis on 24‑April‑2026 and requested permission to withdraw the petition while retaining the liberty to re‑approach the Court if difficulties arise in the family suit. The respondent’s counsel, Mr. Pr Abichandani, raised no objection to an unconditional withdrawal. The Court granted the withdrawal, disposed of the petition as withdrawn, discharged the notice, and vacated any interim relief previously granted, noting that it had not examined the merits of the case.

Issues considered

Whether a Special Civil Application may be withdrawn with liberty to re‑approach the Court
Procedural requirements for withdrawal of a petition pending before the High Court

Subjects

withdrawal of petitionspecial civil applicationfamily courtinterim relief vacatedprocedural law

Judgment

         C/SCA/12702/2024                                                            ORDER DATED: 28/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 12702 of 2024
  ==========================================================
                            KRUSHNA PRERAK DAVE
                                       Versus
                    THE REGISTRAR, FAMILY COURT & ORS.
  ==========================================================
  Appearance:
  PARTY IN PERSON(5000) for the Petitioner(s) No. 1
  MR DHARMENDU PANDYA(2527) for the Respondent(s) No. 3
  MR PR ABICHANDANI(102) for the Respondent(s) No. 1,2
  NOTICE SERVED for the Respondent(s) No. 4,5
  ==========================================================
     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 28/04/2026

                                                        ORDER

            Party-in-person is present in the Court and she states
  that she has filed withdrawal pursis before the Registry on
  24.4.2026, which is placed on record and she does not want to
  proceed further in this petition.

            Under             the         circumstances,                    party-in-person                     seeks
  permission to withdraw present petition with a liberty to re-
  approach the Court in the event of difficulty in adjudication of
  the family suit pending before the learned Family Court,
  Gandhinagar.                    Learned advocate Mr.Abichandani for the
  respondent Nos.1 and 2 has no objection to the unconditional
  withdrawal.                   Permission granted.                             The petition stands
  disposed of as withdrawn with above liberty.                                                                Notice
  discharged. Interim relief, if any, granted earlier stands vacated
  forthwith.

            It is clarified that this Court has not examined the merits
  of the matter.
                                                                                                  (J. C. DOSHI,J)
  SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 28/04/2026 16:07:57


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