High Court of Gujarat

VADINAR OIL TERMINAL LTD. (Deleted)versusPUNITBHAI KESURBHAI NANDANIYA

Disposal: DISPOSED AS INFRUCTUOUS
Bench: MAULIK SHELAT

Holding

The petition stands disposed of as infructuous because the underlying suit has been adjudicated.

Summary

The petitioners filed a special civil application seeking relief, but during its pendency the underlying suit was decided by the trial court. The petitioner argued that the suit's adjudication rendered the petition infructuous. The court held that once the substantive suit is decided, the petition cannot proceed and is therefore infructuous. Consequently, the petition was disposed of as infructuous and the interim relief previously granted was vacated. No further orders were made.

Issues considered

Whether the special civil petition remains maintainable after the substantive suit has been adjudicated by the trial court

Subjects

civil procedureinfructuous petitioninterim reliefdisposal of petition

Judgment

       C/SCA/13410/2020                                                 ORDER DATED: 16/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 13410 of 2020

 =============================================
               VADINAR OIL TERMINAL LTD. (Deleted) & ANR.
                                Versus
                   PUNITBHAI KESURBHAI NANDANIYA
 =============================================
 Appearance:
 MR. DHAIRYA D. MAMTORA(18281) for the Petitioner(s) No. 2
 MS MEGHA JANI(1028) for the Petitioner(s) No. 1
 MR VIJAY H NANGESH(3981) for the Respondent(s) No. 1
 =============================================

  CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                      Date : 16/07/2026

                                         ORAL ORDER

          At the outset, Mr. Dhairya D. Mamtora, learned advocate
 for the petitioner would state that during the pendency of this
 petition, suit in question is adjudicated by the Trial Court and
 thereby, this petition becomes infructuous.

          Accordingly, the present petition stands disposed of as
 become infructuous. Rule is discharged. Interim relief granted
 earlier stands vacated.


                                                                   (MAULIK J.SHELAT,J)
 Lalji Desai


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: LALJI DESAI(HC01558), PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2026 18:56:04




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