High Court of Gujarat

FRENIBEN CHHELSHANKER PANDYA SINCE DECD. THROUGH LHRS ASHWINBHAI MAHENDRABHAI DHRUVversusSTATE OF GUJARAT

Decided: 3 February 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The court held that, upon the petitioner’s request and in the absence of any objection, it may grant permission to withdraw the petition and vacate any relief.

Summary

The petitioner, Freniben Chhleshanker Pandya, filed a Special Civil Application before the High Court of Gujarat. After the grievance was reportedly redressed, the petitioner communicated on 30.01.2026 that he no longer wished to pursue the matter and asked his counsel to withdraw the case. The petitioner’s advocate, Mr. Asit B. Joshi, sought the court’s permission to withdraw the petition. The court examined the request, noted that the petitioner’s desire to withdraw was clear and unopposed, and therefore granted permission. Consequently, the petition was disposed of as withdrawn, the notice was discharged, no costs were awarded, and any relief previously operating in favor of the petitioner was vacated.

Issues considered

Whether the court may permit the petitioner to withdraw the Special Civil Application after the grievance is redressed

Subjects

withdrawal of petition
special civil application
civil procedure
vacated relief
court order

Judgment

      C/SCA/15534/2023                                                   ORDER DATED: 03/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/SPECIAL CIVIL APPLICATION NO. 15534 of 2023
==========================================================
     FRENIBEN CHHELSHANKER PANDYA SINCE DECD. THROUGH LHRS
                ASHWINBHAI MAHENDRABHAI DHRUV
                               Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3,4
MR ADITYA DAVDA, AGP for the Respondent(s) No. 2,5
==========================================================
     CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
                        Date : 03/02/2026
                          ORAL ORDER


1.       Learned advocate Mr. Asit B. Joshi for the petitioner
places on record the photocopy of communication dated
30.01.2026 addressed by the petitioner to learned advocate Mr.
Joshi stating that since the grievance of the petitioner is
redressed, he does not wish to continue with the matter and
requests learned advocate Mr. Joshi to withdraw the matter on
behalf of the petitioner.


2.       In view of above, learned advocate Mr. Joshi for the
petitioner seeks permission to withdraw this petition.


3.       The communication dated 30.01.2026 is taken on record.
Permission as prayed for is granted. This petition is disposed of
as withdrawn. Notice is discharged. No order as to costs. If
any relief is operating in favour of the petitioner, the same
stands vacated.

                                                                       (NIRZAR S. DESAI,J)
SHRIJIT PILLAI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 03/02/2026 17:45:59

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