High Court of Gujarat

HATISHBHAI PRABHUDAS CHAUDHARIversusNARANBHAI GHELABHAI RABARI DESAI

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: DEVAN M DESAI

Holding

The appeal is disposed of as withdrawn.

Summary

The appellant, Hatishbhai Prabhudas Chaudhari, filed an appeal against Order No. 184 of 2023 in the High Court of Gujarat. During the hearing, the appellant submitted the order dated 22 April 2025 passed by the Additional Senior Civil Judge, Kalol, in Special Civil Suit No. 58 of 2021. The appellant then requested permission to withdraw the appeal, arguing that it would not survive in view of the recent order. The Court considered the procedural propriety of withdrawing an appeal after such a development. It allowed the withdrawal and disposed of the appeal as withdrawn, without any order as to costs. Consequently, any interim relief that had been granted was vacated.

Issues considered

Whether the appellant is entitled to withdraw the appeal after the order dated 22-04-2025 was placed on record

Subjects

appealwithdrawalcivil procedureinterim relieforder vacated

Judgment

                C/AO/184/2023                                                       ORDER DATED: 05/02/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/APPEAL FROM ORDER NO. 184 of 2023

       ==========================================================
                             HATISHBHAI PRABHUDAS CHAUDHARI
                                          Versus
                          NARANBHAI GHELABHAI RABARI DESAI & ORS.
       ==========================================================
       Appearance:
       MR DHAVAL S PRAJAPATI(10431) for the Appellant(s) No. 1
       RUSHI A BAROT(8993) for the Appellant(s) No. 1
       DS AFF.NOT FILED (N) for the Respondent(s) No. 12
       MEGHA M DAVE(8115) for the Respondent(s) No. 10,11
       MR. ASHOK A PUROHIT(6267) for the Respondent(s) No.
       1,2,3.1,3.2,4,5,6,7,8,9
       ==========================================================

            CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                  Date : 05/02/2026

                                                     ORAL ORDER


                 Learned advocate for the appellants has placed on record the
       order dated 22.04.2025 passed by the learned Additional Senior Civil
       Judge, Kalol in Special Civil Suit No.58 of 2021 below Exh.1. Copy of
       the order dated 22.04.2025 is taken on record. In view of this
       development, learned advocate for the appellant requests the Court
       to permit to withdraw this appeal as it would not survive. Hence, the
       appeal stands disposed of as withdrawn. No order as to costs. Interim
       Relief, if any, stands vacated.


                                                                                                 (D. M. DESAI,J)
       vk




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VATSAL KOTECHA(HC00352), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 14:36:33




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