High Court of Gujarat

DEVENDRA GOVINDBHAI RAKHOLIAversusILABAA DEVENDRASINH JADEJA

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The petition is disposed of as not pressed and the interim relief is vacated.

Summary

The petitioners, Devendra Govindbhai Rakholia and another, filed a Special Civil Application seeking relief pending a suit. During the pendency of the petition, the trial court decided the underlying suit, rendering the petition moot. The petitioners, through counsel, indicated they would not press the petition any further. The Court granted permission to withdraw the petition, clarified that it would not examine the merits, and ordered the petition to be disposed as not pressed. Consequently, any interim relief previously granted was vacated and no costs were awarded.

Issues considered

Whether a Special Civil Application can be withdrawn or disposed of as not pressed after the substantive suit has been decided
Effect of vacating interim relief when the petition is not pressed

Subjects

civil procedurewithdrawal of petitioninterim reliefspecial civil applicationvacated order

Judgment

     C/SCA/21639/2023                              ORDER DATED: 18/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 21639 of 2023

==========================================================
                 DEVENDRA GOVINDBHAI RAKHOLIA & ANR.
                                Versus
                     ILABAA DEVENDRASINH JADEJA
==========================================================
Appearance:
MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1,2
MR PRADIP J PATEL(5896) for the Respondent(s) No. 1
V D MARU(7547) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                             Date : 18/08/2026

                              ORAL ORDER


1.     Heard Mr. H. J. Karathiya, learned Advocate for the

       petitioners.


2.     At the outset, Mr. Karathiya, learned Advocate, under the

       instructions of his client, does not press the present petition, as

       during the pendency of the petition, the suit has been decided

       by the Trial Court.


3.     Permission, as sought for, is granted.


4.     It is made clear that this Court has neither gone into nor

       examined the merits of the matter.



                                 Page 1 of 2
          C/SCA/21639/2023                                                                   ORDER DATED: 18/08/2026




  5.         In view of the aforesaid development, the present petition is

             disposed of as not pressed. No order as to costs. Notice

             discharged. Interim relief, if any, stands vacated forthwith.



                                                                                              (MAULIK J.SHELAT,J)
  NILESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 18/08/2026 15:53:59




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