LEGAL HEIRS OF DECEASED BAI MIRA FAKIRAversusLEGAL HEIRS OF DECEASED NATVARLAL MANILAL - BAI BHAGWATI WD.
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- C DOSHI
Holding
The petition is disposed of as withdrawn, with liberty granted to the petitioners to vacate the demised premises within nine months upon depositing the due rent.
Summary
The petitioners, legal heirs of the deceased, sought permission to withdraw their civil revision petition concerning a tenancy dispute, requesting a nine‑month period to vacate the demised premises. The Court granted the withdrawal, directing the petitioners to vacate within nine months and to deposit the contractual/decretal rent, including rent for the nine‑month period, with the trial Court. The petitioners were also ordered to file an affidavit confirming compliance within a week. The order further directed the registry to transmit the affidavit to the trial Court and to return any records. Consequently, the petition was disposed of as withdrawn and the earlier interim relief was vacated.
Issues considered
- Whether the petitioners may be allowed to withdraw the civil revision petition.
- Whether the petitioners should be granted liberty to vacate the premises within a specified period and deposit due rent.
Subjects
Judgment
C/CRA/211/2005 ORDER DATED: 25/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 211 of 2005
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LEGAL HEIRS OF DECEASED BAI MIRA FAKIRA & ORS.
Versus
LEGAL HEIRS OF DECEASED NATVARLAL MANILAL - BAI BHAGWATI
WD. & ORS.
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Appearance:
MR VISHAL C MEHTA(6152) for the Applicant(s) No.
1.1.1,1.1.2,1.1.3,1.1.4,1.2.1,1.2.2,1.2.3
DELETED for the Opponent(s) No. 5,6
MR MN MEHTA(465) for the Opponent(s) No. 4.1
MR PH BUCH(1018) for the Opponent(s) No. 2
SERVED BY AFFIX. (R) for the Opponent(s) No. 3,4.2,4.3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/02/2026
ORAL ORDER
Learned advocate for the petitioners, upon instructions,
seeks permission to withdraw present petition with a liberty to
vacate the demised premises within 09 months from the date of
this order. Permission granted. The petition stands disposed of
as withdrawn with above liberty. Rule discharged. Interim
relief granted earlier stands vacated.
The petitioners are given nine months time to vacate the
demised premises subject to deposit of the contractual /
decretal rent before the learned trial Court including rent for
09 months since the petitioners are supposed to reside. The
petitioners shall also le a idavit to the aforesaid extent
before this Court within a week from today.
Page 1 of 2
C/CRA/211/2005 ORDER DATED: 25/02/2026
Registry is directed to transmit copy of the a idavit to be
led by the petitioners pursuant to the order passed by this
Court, to the learned trial Court.
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 25/02/2026 14:22:07
Page 2 of 2
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