High Court of Gujarat

TUSHAR NALINKANT PATELversusDEEPA SOMABHAI PATEL W/O. TUSHAR NALINKANT PATEL

Decided: 5 May 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The petition is disposed of as withdrawn, with liberty granted to the petitioner to file a fresh application before the trial court.

Summary

The petitioner, Tushar Nalinkant Patel, sought the Court's permission to withdraw the present special civil application and to file a fresh application before the trial court for the production of electronic evidence. The learned counsel for the petitioner made this request, and the Court granted the permission, ordering that the petition stand disposed of as withdrawn while allowing the liberty to file a new application. The Court expressly clarified that it had not examined the merits of the underlying dispute. It directed that the fresh application be decided by the trial court on merits, without being influenced by the impugned order below. All contentions of both parties remain open for agitations in the forthcoming proceedings.

Issues considered

Whether the petitioner may be permitted to withdraw the present petition and file a fresh application for production of electronic evidence

Subjects

withdrawal of petition
fresh application
electronic evidence
procedural law
court order

Judgment

          C/SCA/17965/2025                                                            ORDER DATED: 05/05/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 17965 of 2025
  ==========================================================
                        TUSHAR NALINKANT PATEL
                                  Versus
             DEEPA SOMABHAI PATEL W/O. TUSHAR NALINKANT PATEL
  ==========================================================
  Appearance:
  MR JIGNESHKUMAR V PATEL(10295) for the Petitioner(s) No. 1
  MR MANISH J PATEL(2131) for the Petitioner(s) No. 1
  DR.ABHISST K THAKER(7010) for the Respondent(s) No. 1
  MS AARUSHI S DESAI(10726) for the Respondent(s) No. 1
  ==========================================================
      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 05/05/2026

                                                        ORDER
             Learned advocate for the petitioner, upon instructions,
  seeks permission to withdraw present petition with a liberty to
  file fresh application before the learned trial Court for production
  of electronic evidence 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.


             The application to be filed by the petitioner shall be
  decided by the learned trial Court in accordance with law and on
  merits without being influenced by the impugned order passed
  below Exh.50. All the contentions of both the parties are kept
  open to be agitated before the Court.

                                                                                                   (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 05/05/2026 15:03:34




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