VRAJLAL SAKARLALSINCE DECD. THRO HIS HEIRSversusCHHOTALAL DURLABHRAM SINCE DECD. THROUGH HEIRS
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- C DOSHI
Holding
The court held that the second appeal stands disposed of as withdrawn, and all connected civil applications and interim relief are accordingly vacated.
Summary
The appellants filed a second appeal (C/SA/217/2010) along with several civil applications for condonation of delay, bringing heirs, and direction. The court initially allowed the civil applications to bring certain heirs on record. Subsequently, the appellant's counsel submitted written instructions to withdraw the second appeal. The court accepted the withdrawal, disposing of the second appeal as withdrawn. Consequently, the interim relief was vacated and the connected civil applications were also disposed. The order was signed by Justice J.C. Doshi and digitally authenticated by the Principal Private Secretary of the High Court of Gujarat.
Issues considered
- Whether the second appeal may be withdrawn by the appellants after the civil applications were allowed
- Effect of the withdrawal on the interim relief and the pending civil applications
Subjects
Judgment
C/SA/217/2010 ORDER DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 217 of 2010
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2026
In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
In R/SECOND APPEAL NO. 217 of 2010
With
CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2013
In R/SECOND APPEAL NO. 217 of 2010
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
In R/SECOND APPEAL NO. 217 of 2010
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VRAJLAL SAKARLALSINCE DECD. THRO HIS HEIRS & ORS.
Versus
CHHOTALAL DURLABHRAM SINCE DECD. THROUGH HEIRS & ORS.
==========================================================
Appearance:
MR AMIT V THAKKAR(3073) for the Appellant(s) No. 1,2,3,4.1,4.2,5,6
MR P P MAJMUDAR(5284) for the Respondent(s) No.
1.1,1.2,1.3,1.7,1.8,2,3,4,5
MR SP MAJMUDAR(3456) for the Respondent(s) No.
1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,2,3,4,5
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/03/2026
ORAL ORDER
1. Civil Applications No. 1 of 2026 and 2 of 2026 are
allowed in the peculiar facts and circumstances of the case.
The heirs of deceased appellants No. 2,3 and 5 are
permitted to be brought on record and accordingly they are
joined as appellant.
2. Necessary amendment to be carried out in due course.
Learned advocate Mr. Amit V. Thakkar appearing for the
appellants submits that he has instructions to withdraw the
Second Appeal and he has placed on record the written
communications received from the appellants and it is taken
Page 1 of 2
C/SA/217/2010 ORDER DATED: 05/03/2026
on record.
4. In view of the aforesaid written communications and
on instructions for withdrawal of the Second Appeal, the
Second Appeal stands disposed of as withdrawn.
5. Interim relief stands vacated. R & P to be send back
forthwith.
6. Connected Civil Application also does not survive and
stands disposed of accordingly.
(J. C. DOSHI,J)
MARY VADAKKAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 15:27:23
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