High Court of Gujarat

PATEL KARSHANBHAI KODARBHAIversusSTATE OF GUJARAT

Decided: 12 February 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The petition may be withdrawn on the death of the petitioner, with liberty reserved for the legal heirs to file a fresh petition if required.

Summary

Petitioner Patel Karshanbhai Kodarbhai had filed a special civil application, but he passed away before the matter concluded. The petitioner’s legal heirs expressed, via telephonic instructions to counsel, that they were not interested in pursuing the case. Counsel for the petitioner sought the Court’s permission to withdraw the petition, requesting that the Court reserve liberty for the heirs to file a fresh petition if needed. The Court considered whether a petition could be withdrawn on the death of the petitioner based solely on telephonic instructions. It granted the withdrawal, discharged the notice, and ordered no costs, while reserving the right to file a fresh petition in the future.

Issues considered

Whether a civil petition may be withdrawn after the death of the petitioner on telephonic instructions of counsel
Whether the Court should reserve liberty for the legal heirs to file a fresh petition

Subjects

withdrawal of petition
death of petitioner
legal heirs
civil procedure
fresh petition

Judgment

       C/SCA/2898/2021                                                  ORDER DATED: 12/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/SPECIAL CIVIL APPLICATION NO. 2898 of 2021

==========================================================
                           PATEL KARSHANBHAI KODARBHAI
                                       Versus
                              STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                        Date : 12/02/2026

                                          ORAL ORDER


         Learned advocate Mr. Gaurav Chudasma for the petitioner
under instructions states that in view of the fact that the
petitioner has already expired and as per oral telephonic
instructions received by learned advocate Mr. Chudasma for
the petitioner that the legal heirs are not interested in pursuing
the matter. Hence, learned advocate for the petitioner seeks
permission to withdraw this petition. However, since the
instructions are received telephonically, learned advocate for
the petitioner states that liberty may be reserved in favour of
legal heirs of the petitioner to file a fresh petition in case of
difficulty.


         Permission as prayed for is granted. This petition is
disposed of as withdrawn. Notice is discharged. No order as to
costs.

                                                                       (NIRZAR S. DESAI,J)
SHRIJIT PILLAI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 17:59:30
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