High Court of Gujarat

REKHABEN BHAVESH MODHVADIYAversusBHAVESH SUDHABHAI MODHVADIYA

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: P M RAVAL

Holding

The Court restored the dismissed revision application, subject to removal of office objections within ten days.

Summary

The petitioners filed a criminal miscellaneous application seeking restoration of a revision application that had been dismissed for default due to non‑removal of office objections. The High Court examined the memorandum filed by the petitioners and considered whether the procedural default could be cured. The Court held that the revision application could be reinstated provided the petitioners complied with the requirement to remove the office objections within a specified time. Accordingly, the Court ordered that the revision application be restored to its original file subject to compliance within ten days. The order disposes of the restoration application.

Issues considered

Whether a revision application dismissed for default on the ground of non‑removal of office objections can be restored upon filing a miscellaneous application.

Subjects

restorationrevision applicationdefault dismissaloffice objectionsprocedural law

Judgment

      R/CR.MA/24067/2025                                                             ORDER DATED: 23/01/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC. APPLICATION (FOR RESTORATION) NO.
                     24067 of 2025
    In F/CRIMINAL REVISION APPLICATION/33248/2025

=================================================
         REKHABEN BHAVESH MODHVADIYA & ANR.
                         Versus
        BHAVESH SUDHABHAI MODHVADIYA & ANR.
=================================================
Appearance:
MR. KIRTAN H MISTRY(10012) for the Applicant(s) No. 1,2
MR ROHAN RAVAL, APP for the Respondent(s) No. 2
=================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                             Date : 23/01/2026

                                              ORAL ORDER


          This is an application seeking restoration of the captioned revision
application which came to be dismissed for default, for non-removal of
office objections.


          Having heard and considering the averments made in the
application memo, the same is allowed. Subject to removal of office
objections within a period of 10 days from today, the revision
application is restored to its original file.


          This application stands disposed of accordingly.


                                                                                          [ P. M. Raval, J. ]
hiren/48tss23126

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/01/2026 14:45:01
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