High Court of Gujarat

SHEKH SIPAHISHAHIN MOHAMMADHUSSAINversusSHEKH SIRINBANU MOHAMMADSHAHID

Decided: 12 March 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The High Court may allow a petition to be withdrawn with a liberty to revive it, without needing to consider the merits of the case.

Summary

The petitioner filed Special Civil Application No. 17721 of 2024 before the Gujarat High Court. The petitioner, through counsel, sought the Court’s permission to withdraw the petition while retaining the liberty to revive it if needed. The Court, exercising its inherent jurisdiction, granted the request, ordering the petition to stand disposed as withdrawn with the said liberty. No merits of the underlying dispute were examined. Consequently, the petition was closed without any substantive adjudication.

Issues considered

Whether the High Court can permit withdrawal of a petition with a liberty to revive it without examining its merits.

Subjects

withdrawal of petition
civil procedure
court discretion
special civil application

Judgment

           C/SCA/17721/2024                                                           ORDER DATED: 12/03/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 17721 of 2024

   ==========================================================
                          SHEKH SIPAHISHAHIN MOHAMMADHUSSAIN
                                          Versus
                            SHEKH SIRINBANU MOHAMMADSHAHID
   ==========================================================
   Appearance:
   SHRIRAM K BHARGAW(9436) for the Petitioner(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 12/03/2026

                                                    ORAL ORDER


             Learned advocate for the petitioner, upon instructions,
   seeks permission to withdraw present petition with a liberty to
   revive the same in case of difficulty. Permission granted. The
   petition stands disposed of as withdrawn with above liberty.


             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 12/03/2026 14:48:30




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