High Court of Gujarat
DR. RAKESHKUMAR SUBHASHBHAI PATELversusSARDAR VALLABHBHAI PATEL INSTITUTE OF TECHNOLOGY THROUGH ITS CHAIRMAN / PRINCIPAL
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
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 The Court granted permission to withdraw, thereby disposing the main petition as withdrawn and discharging the notice, with no order as to costs.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
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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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