High Court of Gujarat

ALPABEN WD/O.BHARATBHAI NIHHUBHAI DESAIversusBHAVNABEN WIFE OF HARSHADBHAI AMRATLAL DESAI P.O.A.HOLDER NO

Disposal: 40-WITHDRAWN @ FH
Bench: C DOSHI

Holding

Permission to withdraw the first appeal was granted, and the appeal was disposed of as withdrawn.

Summary

The appellants, Alpaben and others, filed a first appeal (No. 17 of 2010) in the Gujarat High Court. They later applied for permission to withdraw the appeal. The court, after recording the communication, granted the permission and ordered that the appeal be disposed of as withdrawn, noting that it had not examined the merits of the case. The order also reserved liberty for the appellants to revive the matter if any difficulty arises. The registry was directed to return any records to the concerned lower court.

Issues considered

Whether the court may grant permission to withdraw a pending first appeal.

Subjects

withdrawal of appealprocedural lawcivil procedurehigh court order

Judgment

            C/FA/17/2010                                                          ORDER DATED: 15/06/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/FIRST APPEAL NO. 17 of 2010

  ==========================================================
       ALPABEN WD/O.BHARATBHAI NIHHUBHAI DESAI & ORS.
                           Versus
  BHAVNABEN WIFE OF HARSHADBHAI AMRATLAL DESAI P.O.A.HOLDER
                         NO & ORS.
  ==========================================================
  Appearance:
  MR CHIRAG B PATEL(3679) for the Appellant(s) No. 1,2,3
  ADVOCATE NOTICE NOT RECD BACK for the Defendant(s) No. 1
  ADVOCATE NOTICE SERVED for the Defendant(s) No. 2,3,4
  DELETED for the Defendant(s) No. 5,6,7,8
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 15/06/2026

                                                        ORDER
            Learned             advocate             for      the       apellants,             upon         written
  instruction, seeks permission to withdraw present first appeal.
  Said communication is taken on record. Permission granted.
  The first appeal stands disposed of as withdrawn.


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


            Liberty is reserved in favour of the appellants to revive
  the matter in case of difficulty.


            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 15/06/2026 14:19:31

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