PRAVINSINH HEMANTSINH ZALAversusSTATE OF GUJARAT
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- DIVYESH A JOSHI
Holding
The petition stands disposed as not pressed and the interim relief is vacated.
Summary
Petitioner Pravinsinh Hemantsinh Zala filed a Special Civil Application seeking interim relief against the State of Gujarat and others. The petitioner’s counsel informed the court that Respondent No.5 had already instituted a suit for specific performance, which was dismissed, and an appeal was pending in which an injunction had been granted to the original plaintiff. Consequently, the petitioner indicated that the present petition would not be pressed until the appeal is resolved. The High Court, noting the petition was not being pursued, disposed of the petition as not pressed, discharged the notice, and vacated the interim relief, without addressing the merits of the case.
Issues considered
- What is the appropriate course of action when a petition seeking interim relief is filed while a related suit and appeal are pending?
- Should the interim relief granted in the petition remain in force pending the outcome of the related appeal?
Subjects
Judgment
C/SCA/2901/2017(GJHC240462832017) ORDER DATED: 24/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2901 of 2017
=======================================================
PRAVINSINH HEMANTSINH ZALA
Versus
STATE OF GUJARAT & ORS.
=======================================================
Appearance:
MR PRATIK Y JASANI(5325) for the Petitioner(s) No. 1
MR JAY TRIVEDI AGP for the Respondent(s) No. 1,2,3
HARSHESH R KAKKAD(7813) for the Respondent(s) No. 5
MR RC KAKKAD(389) for the Respondent(s) No. 5
NOTICE SERVED for the Respondent(s) No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 6,7
=======================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/08/2026
ORAL ORDER
Additional affidavit filed on behalf of respondent
no.5 tendered by learned advocate, Mr. Kakkad is taken
on record.
Learned advocate, Mr. Jasani submitted that the
respondent no.5 herein had instituted suit before the
competent civil court inter alia praying for specific
performance, which was dismissed by the competent civil
court, against which, appeal has been preferred before
the learned Appellate Court, wherein injunction has
been granted in favour of the original plaintiff and
the said appeal is pending for further adjudication.
He, therefore, submitted that he does not press this
petition at this stage with a view to file appropriate
application after the disposal of appeal.
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C/SCA/2901/2017(GJHC240462832017) ORDER DATED: 24/08/2026
In view of above statement, the present petition
stands disposed of as not pressed. Notice is
discharged. Interim relief stands vacated. It is
clarified that this Court has not considered the merits
of the case.
(DIVYESH A. JOSHI, J.)
Gautam
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 24/08/2026 17:16:10
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