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High Court of Gujarat

DR. RAKESHKUMAR SUBHASHBHAI PATELversusSARDAR VALLABHBHAI PATEL INSTITUTE OF TECHNOLOGY THROUGH ITS CHAIRMAN / PRINCIPAL

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court condoned the delay, allowed the heirs to be joined as petitioners, and permitted the unconditional withdrawal of the main petition.

Summary

The petitioners filed two civil applications seeking condonation of a 317‑day delay in bringing the legal heirs of the original petitioner onto the record of the main Special Civil Application and to join them as petitioners. The Court, satisfied that the delay was sufficiently explained, allowed both the condonation of delay and the amendment to include the heirs. Subsequently, the petitioner's counsel requested unconditional withdrawal of the main Special Civil Application No. 26691 of 2022. The Court granted permission to withdraw, thereby disposing the main petition as withdrawn and discharging the notice, with no order as to costs.

Issues considered

  • Whether a delay of 317 days in filing an application to bring legal heirs can be condoned.
  • Whether the legal heirs may be added as petitioners after such delay.
  • Whether the petitioner may be permitted to withdraw the main Special Civil Application unconditionally.

Subjects

  • condonation of delay
  • civil procedure
  • amendment of parties
  • withdrawal of petition
  • heirs
  • special civil application

Judgment

     C/SCA/26691/2022                          ORDER DATED: 23/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 26691 of 2022
                               With
      CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
         In R/SPECIAL CIVIL APPLICATION NO. 26691 of 2022
                               With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2026
    In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
         In R/SPECIAL CIVIL APPLICATION NO. 26691 of 2022
==========================================================
           DR. RAKESHKUMAR SUBHASHBHAI PATEL
                           Versus
SARDAR VALLABHBHAI PATEL INSTITUTE OF TECHNOLOGY THROUGH
                 ITS CHAIRMAN / PRINCIPAL
==========================================================
Appearance:
MR SANDIP H MUNJYASARA(10781) for the Petitioner(s) No. 1
MR. D. P. KINARIWALA(410) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                          Date : 23/01/2026

                        COMMON ORAL ORDER


1.     By way of Civil Application (For Bringing Heirs) No. 1 of

2026 and Civil Application (For Condonation of Delay) No. 2

of 2026, the applicants have prayed to condone the delay of

317 days caused in fling the application for bringing legal-

heirs of the original petitioner on the record of the main

matter and to permit them to be joined as petitioners in the

main matter.



2.     Heard. In view of the fact that the delay of 317 days is

sufficiently explained, the application for condonation of

                              Page 1 of 2
        C/SCA/26691/2022                                                    ORDER DATED: 23/01/2026




 delay as well as the application for bringing the legal heirs

 on the record of the main matter are allowed. Necessary

 amendment be carried out, forthwith.



 2.1       Both        the       civil      applications              stand         disposed             of,

 accordingly.



 3.        Learned Advocate, Mr. Munjyasara, appearing for the

 petitioner, under the instructions, seeks permission to

 withdraw the main petition, i.e. Special Civil Application No.

 26691 of 2022, unconditionally.



 4.        Heard. Permission, as prayed for, is granted. The main

 petition stands disposed of, as withdrawn. Notice is

 discharged. No order as to costs.


                                                                               (NIRZAR S. DESAI,J)
 UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 23/01/2026 14:58:18




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