High Court of Gujarat

THAKORBHAI NARANJI TANDELversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: C DOSHI

Holding

The court held that it may permit the withdrawal of the petition and vacate any interim relief without examining the merits of the case.

Summary

The petitioner, Thakorbhai Naranji Tandel, filed a Special Civil Application seeking permission to withdraw the petition because the underlying suit had already been disposed of. The petitioner’s counsel requested that the court allow the withdrawal and vacate the interim relief previously granted. The court examined the procedural propriety of permitting a withdrawal after the main suit’s disposal. It granted the petitioner's request, ordering the petition to be disposed of as withdrawn and the earlier interim relief to be vacated. The court clarified that it did not consider the merits of the underlying dispute and directed the registry to return any records to the concerned court.

Issues considered

Whether the High Court may grant permission to withdraw a Special Civil Application after the substantive suit has been disposed of
Whether interim relief previously granted in the petition should be vacated upon withdrawal

Subjects

withdrawal of petitionspecial civil applicationinterim relief vacatedprocedural orderhigh court

Judgment

              C/SCA/15552/2017                                                           ORDER DATED: 30/04/2026




                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/SPECIAL CIVIL APPLICATION NO. 15552 of 2017

      ==========================================================
                                        THAKORBHAI NARANJI TANDEL
                                                  Versus
                                         STATE OF GUJARAT & ANR.
      ==========================================================
      Appearance:
      JUCKY LUCKY CHAN(8033) for the Petitioner(s) No. 1
      MR SHAILESH DESAI, AGP for the Respondent(s) No. 1
      MR MEHUL M MEHTA(3416) for the Respondent(s) No. 2
      ==========================================================

         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                    Date : 30/04/2026

                                                            ORDER


                 Learned advocate for the petitioner, under the instructions,
      seeks permission to withdraw present petition since the suit has
      already been disposed of.                              Permission granted.                       The petition
      stands disposed of as withdrawn. Notice discharged. Interim
      relief granted earlier stands vacated.


                 It is clarified that this Court has not examined the merits
      of the matter.


                 Registry is directed to return back the R & P, if any, to
      the concerned Court forthwith.



                                                                                                      (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 30/04/2026 15:06:51




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