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High Court of Gujarat

SAT SHRI DEVELOPERSversusLHRS OF JASHIBEN SOMAJI THAKOR D/O SHANKARJI JESANGJI THAKOR

Disposal
DISPOSED AS INFRUCTUOUS

Holding

Permission to withdraw the civil revision application was granted as the matter had become infructuous.

Summary

The applicant, Sat Shri Developers & Ors., filed Civil Revision Application No.298 of 2024 seeking relief. After the 11th Additional Senior Civil Judge’s order dated 29‑04‑2026 in the underlying Regular Civil Suit No.449 of 2005 rendered the revision infructuous, the applicant moved to withdraw the revision. The court examined whether permission could be granted to withdraw a pending revision when the cause of action ceases. Applying procedural principles, the court allowed the withdrawal. The revision application was disposed, interim relief vacated, the notice discharged and no order as to costs was made.

Issues considered

  • Whether a civil revision application may be withdrawn when the cause of action becomes infructuous?

Subjects

Civil RevisionWithdrawal of ApplicationInfructuous SuitInterim Relief VacatedProcedural Law

Judgment

              C/CRA/298/2024                                                     ORDER DATED: 30/04/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL REVISION APPLICATION NO. 298 of 2024

    ==========================================================
                           SAT SHRI DEVELOPERS & ORS.
                                      Versus
             LHRS OF JASHIBEN SOMAJI THAKOR D/O SHANKARJI JESANGJI
                                 THAKOR & ORS.
    ==========================================================
    Appearance:
    VENU H NANAVATY(7458) for the Applicant(s) No. 1
    MR AMAR D MITHANI(484) for the Opponent(s) No. 2.1,6,7
    MR HARSHADRAY A DAVE(3461) for the Opponent(s) No. 1.1,1.2
    MR SATYAM Y CHHAYA(3242) for the Opponent(s) No. 8,9
    NOTICE SERVED for the Opponent(s) No. 2.2,2.3,3,4.2,5
    NOTICE UNSERVED for the Opponent(s) No. 4.1
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                Date : 30/04/2026

                                                  ORAL ORDER


               Learned advocate Ms. Venu H. Nanavaty for the applicant
    seeks permission to withdraw this Civil Revision Application as it
    has become infructuous in view of the order dated 29.04.2026
    passed by the learned 11 th Additional Senior Civil Judge &
    J.M.F.C., Ahmedabad (Rural) in Regular Civil Suit No.449 of 2005.
    Copy of the said order is placed on record which is taken on
    record. Permission is granted, as prayed for. The present
    application stands disposed of as it has become infructuous.
               Interim Relief, if any, stands vacated. Notice / Rule stands
    discharged. No order as to costs.

                                                                                              (D. M. DESAI,J)
    vatsal

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 30/04/2026 15:28:59




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