High Court of Gujarat

KALIDAS RATABHAI CHAUHANversusMANGALBHAI RAISINGBHAI PARMAR SINCE DIED THROUGH LHR

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The court disposed of the civil application as not pressed and denied registration of the second appeal.

Summary

The applicant filed a civil application seeking condonation of delay in a second appeal. The applicant later submitted evidence that the parties had amicably settled the dispute and the original decree was satisfied, leading the original decree holder to withdraw the darkhast. Consequently, the applicant, through counsel, indicated that the application for condonation of delay would not be pursued. The court accepted this withdrawal, disposed of the civil application as not pressed, and denied registration of the second appeal.

Issues considered

Whether the civil application for condonation of delay should be entertained when the parties have settled and the decree is satisfied
Whether the second appeal can be registered after the decree has been satisfied and the application withdrawn

Subjects

condonation of delaycivil applicationsecond appealsettlementdecree satisfaction

Judgment

         C/CA/3112/2022                                                           ORDER DATED: 13/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3112 of
                               2022
                  In F/SECOND APPEAL/14910/2022
==========================================================
                    KALIDAS RATABHAI CHAUHAN
                              Versus
     MANGALBHAI RAISINGBHAI PARMAR SINCE DIED THROUGH LHR &
                              ORS.
==========================================================
Appearance:
MR.HEMANG H PARIKH(2628) for the Applicant(s) No. 1
MR BG PATEL(599) for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
RULE SERVED for the Respondent(s) No. 1.7
==========================================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                              Date : 13/02/2026

                                                 ORAL ORDER

1.         Learned advocate Mr.Hemang Parikh for the applicant has placed
on record the Order at Exh.16 of Regular Darkhast No.33 of 2023 as also
other papers of the Darkhast and the order passed below therein to submit
that parties have amicably settled the dispute pursuant to which decree
impugned in the Second Appeal is satisfied and thus original decree
holder has withdrawn the Darkhast as decree is satisfied.

2.         In view of the above, he, under instructions, does not press the
present Civil Application for condonation of delay.

3.         Accordingly, this Civil Application is disposed of as not pressed.
The registration of the Second Appeal is denied accordingly.


                                                                                                (J. C. DOSHI,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 13/02/2026 16:15:13




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