High Court of Gujarat

DESAI JAYRAMBHAI GANDABHAIversusTHAKOR NARANJI SAVDHANJI

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The Court granted permission to withdraw the petition, disposed of it as withdrawn, and refused registration of the first appeal.

Summary

The petitioner, Desai Jayrambhai Gandabhai, filed a civil application for condonation of delay and subsequently sought the Court's permission to withdraw the petition. The petitioner’s counsel, Mr. Kaivan K. Patel, requested withdrawal under the instructions of the petitioner. The Court granted the permission, disposed of the petition as withdrawn, and expressly noted that it had not examined the merits of the case. Consequently, the Court refused registration of the first appeal that had been filed against the order. The registry was directed to return any records and pleadings to the concerned lower court. No substantive legal issues were adjudicated on the merits.

Issues considered

Whether the Court may grant permission to withdraw a petition filed for condonation of delay
Whether the registration of a first appeal can be refused when the original petition is withdrawn

Subjects

withdrawal of petitioncondonation of delayfirst appeal registrationcivil procedurecourt order

Judgment

            C/CA/2055/2024                                                           ORDER DATED: 28/04/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2055 of
                                   2024
                       In F/FIRST APPEAL/2194/2024
   ==========================================================
                                  DESAI JAYRAMBHAI GANDABHAI
                                             Versus
                                THAKOR NARANJI SAVDHANJI & ORS.
   ==========================================================
   Appearance:
   MR KAIVAN K PATEL(6338) for the Applicant(s) No. 1
   GANDHI LAW ASSOCIATES(12275) for the Respondent(s) No. 1,3,4
   MR. NISHIT P GANDHI(6946) for the Respondent(s) No. 5
   NOTICE SERVED for the Respondent(s) No. 6
   UNSERVED EXPIRED (N) for the Respondent(s) No. 2
   ==========================================================
      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 28/04/2026

                                                         ORDER


              Learned             advocate              for       the        petitioner,              under           the
   instructions, seeks permission to withdraw present petition.
   Permission granted.                            The petition stands disposed of as
   withdrawn. Notice discharged.


              It is clarified that this Court has not examined the merits
   of the matter.


              Accordingly, registration of the First Appeal is refused.


              Registry is directed to return back the R & P, if any, to
   the concerned Court forthwith.

                                                                                                   (J. C. DOSHI,J)
   SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 28/04/2026 16:07:44


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