High Court of Gujarat

AMRIBEN MENSHIBHAI BANDHIYA W/O DHANABHAI FOGABHAI VARUversusBHUPENDRABHAI BHIMSHIBHAI VAROTARIYA

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: DEVAN M DESAI

Holding

The Court may permit withdrawal of an appeal and dismiss it without adjudicating the merits.

Summary

Amriben Menshibhai Bandhiya filed a second appeal and a civil application for stay before the Gujarat High Court. The appellant's counsel sought permission to withdraw the appeal. The Court considered whether it could allow such withdrawal. It granted the request, dismissing the appeal as withdrawn without addressing the merits. Consequently, any interim relief was vacated and the connected civil application was also disposed.

Issues considered

Whether the appellant may be permitted to withdraw the appeal and have it dismissed without a merits determination

Subjects

withdrawal of appealcivil procedureinterim reliefhigh court order

Judgment

           C/SA/177/2025                                                      ORDER DATED: 12/03/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/SECOND APPEAL NO. 177 of 2025

                                        With
                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                         In R/SECOND APPEAL NO. 177 of 2025
 ==========================================================
    AMRIBEN MENSHIBHAI BANDHIYA W/O DHANABHAI FOGABHAI VARU
                             Versus
          BHUPENDRABHAI BHIMSHIBHAI VAROTARIYA & ORS.
 ==========================================================
 Appearance:
 MR YOGESHKUMAR A RATANPARA(7260) for the Appellant(s) No. 1
 DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2,3
 ==========================================================

      CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                             Date : 12/03/2026

                                               ORAL ORDER


           Learned advocate for the appellant, upon instructions, seeks

 permission to withdraw this appeal. Permission is granted, as prayed

 for. The appeal stands dismissed as withdrawn. It is made clear that

 this Court has not expressed any opinion on merits of the matter.

 Interim Relief, if any, stands vacated forthwith. No order as to costs.

 Rule/Notice if any stands discharged. Record and Poceedings, if any,

 be sent back to the concerned Court.

           Connected Civil Application also stands disposed of in view of

 withdrawal of the main matter.



                                                                                            (D. M. DESAI,J)
 vk


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 12/03/2026 15:16:18




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