High Court of Gujarat

KANUBHAI POPATBHAI MASANIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: VAIBHAVI D NANAVATI

Holding

The court held that the petitioners had demonstrated sufficient cause for the non‑prosecution and therefore restored the dismissed application.

Summary

The petitioners, Kanubhai Popatbhai Masani and others, filed a miscellaneous civil application seeking restoration of Special Civil Application No. 5097 of 2024, which had been dismissed for non‑prosecution. The respondents, the State of Gujarat and others, opposed the restoration. The petitioners argued that there was sufficient cause for the failure to pursue the original suit, specifically citing non‑removal of office objections. Justice Vaibhavi D. Nanavati examined the memorandum and found the explanation satisfactory. Consequently, the court allowed the restoration application and ordered that the special civil application be reinstated to its original file.

Issues considered

What constitutes sufficient cause for the non‑prosecution of a civil suit?
Whether the Special Civil Application No. 5097 of 2024 can be restored to the court file.

Subjects

restoration of suitnon‑prosecutionspecial civil applicationprocedural lawGujarat High Court

Judgment

    C/MCA/1195/2026                                ORDER DATED: 08/05/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1195 of 2026

               In R/SPECIAL CIVIL APPLICATION/5097/2024

==========================================================
                      KANUBHAI POPATBHAI MASANI & ORS.
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR.D K.PUJ(3836) for the Applicant(s) No. 1,2,3
MS DEVANSHIBA RANA, AGP for the Opponent(s) No. 1,7,8,9
==========================================================

  CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                               Date : 08/05/2026

                                ORAL ORDER



  1.     By way of this application the applicants seek restoration of

       the Special Civil Application No.5097 of 2024 which came to

       be dismissed for non-prosecution.


  2.     Heard Mr. D. K. Puj, learned advocate for the applicants.


  3.       Having gone through the averments made in the

       memorandum of application, the court is of the view that

       sufficient cause has been made out explaining non-removal

       of office objections.



                                   Page 1 of 2
        C/MCA/1195/2026                                                        ORDER DATED: 08/05/2026




     4.      The application therefore succeeds and is accordingly

          allowed. The Special Civil Application No.5097 of 2024 is

          hereby restored to its original file.


                                                                        (VAIBHAVI D. NANAVATI,J)
K.K. SAIYED

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAIYED KAZIMALI(HC00169), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2026 15:47:51




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