High Court of Gujarat

DAHMA NAMLABHAI NATHIYABHAIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court allowed the restoration of the dismissed Special Civil Application, subject to removal of opposition objections within two weeks.

Summary

The applicants, Dahma Namlabhai NathiYabhai and another, filed a miscellaneous civil application seeking restoration of Special Civil Application No. 5528 of 2025, which had been dismissed for default due to non‑removal of opposition objections. The court examined the averments made in paragraphs 3 and 4 of the restoration application. Finding merit in the applicants' contentions, the court allowed the restoration application. The original special civil application was ordered to be restored to its original file, subject to the condition that the opposition objections be removed within two weeks of the order. The restoration application was consequently disposed of.

Issues considered

Whether the Special Civil Application dismissed for default can be restored on the basis of the applicants' averments?

Subjects

restoration of suitdefault judgmentspecial civil applicationprocedural lawcourt order

Judgment

        C/MCA/980/2026                                                         ORDER DATED: 21/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 980 of 2026

                      In F/SPECIAL CIVIL APPLICATION/5528/2025

================================================================
                        DAHMA NAMLABHAI NATHIYABHAI & ANR.
                                      Versus
                             STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR VD PARGHI(568) for the Applicant(s) No. 1,2
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Opponent(s) No. 1,2,3,4,5,6,7
================================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M.
         PRACHCHHAK

                                             Date : 21/04/2026

                                                    ORDER


          The present application is 昀椀led by the applicants for restoration
of the main matter being F/Special Civil Application No. 5528 of 2025,
which came to be dismissed for default for non-removal of o昀케ce
objections vide order dated 17.03.2025.


          Considering the averments made in the application, more
particularly, in paragraphs 3 and 4, the present application is hereby
allowed. The F/Special Civil Application No. 5528 of 2025 is ordered to
be restored to its original 昀椀le on condition that o昀케ce objections
shall be removed within a period of two weeks from today.
          The present application stands disposed of accordingly.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2026 17:29:44


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