High Court of Gujarat

AJITBHAI RAIDHANBHAI KUVADIYAversusI C I C I LOMBARD INSURANCE

Disposal: 40-WITHDRAWN @ FH
Bench: D M VYAS

Holding

The appeal is dismissed as withdrawn because the parties have settled the matter.

Summary

The appellant, Ajitbhai Raidh... (the victim) and the vehicle owner reached a settlement concerning the dispute that gave rise to the appeal. The appellant’s counsel informed the Court that the matter had been resolved between the parties and therefore no longer required adjudication. The Court considered whether the appeal could continue in light of the settlement. Finding that the dispute was settled, the Court held that the appeal could not proceed. Consequently, the appeal was dismissed as withdrawn and the records were ordered to be sent back to the trial Court.

Issues considered

Whether an appeal can be dismissed as withdrawn when the parties have settled the underlying dispute.

Subjects

appealwithdrawalsettlementcivil procedure

Judgment

            C/FA/2277/2015                                                                ORDER DATED: 19/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 2277 of 2015

   ==========================================================
                                AJITBHAI RAIDHANBHAI KUVADIYA
                                              Versus
                              I C I C I LOMBARD INSURANCE & ORS.
   ==========================================================
   Appearance:
   MR C P CHANIYARA(6836) for the Appellant(s) No. 1
   MR RATILAL V SAKARIA(6613) for the Appellant(s) No. 1
   MR. HEMAL SHAH(6960) for the Defendant(s) No. 2,3
   MR NINAD P SHAH for MS VIDHI J BHATT(6155) for the Defendant(s)
   No. 1
   ==========================================================

     CORAM:HONOURABLE MR.JUSTICE D. M. VYAS

                                                 Date : 19/01/2026

                                                      ORAL ORDER
              Learned Counsel for the appellant Mr. Ratilal Sakaria
   under instructions submits that the subject matter has
   been settled between the concerned parties i.e., the victim
   and the vehicle owner and hence the matter does not
   survive consideration.
              In light of the above statement, the appeal is dismissed
   as withdrawn. R&P, if any, be sent back to the concerned
   trial Court.


                                                                                                       (D. M. VYAS, J)
   Anuj

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SISODIYA ANUJSINH(HCD0069), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 19/01/2026 17:44:23




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