High Court of Gujarat

PRAKASHBHAI NANDLAL BHATT (SWAMINARAYAN)versusKESHAVLAL AMBALAL PATEL

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

Permission to withdraw the appeal was granted, and the appeal was disposed of as withdrawn.

Summary

The appellant, Prakashbhai Nandlal Bhatt, filed a second appeal and a civil application for stay, seeking permission to withdraw the appeal. The learned advocate for the appellant requested the court's permission to withdraw, and the court exercised its discretion to grant the request. The court clarified that it did not examine the merits of the case, and consequently the appeal was disposed of as withdrawn. The notice issued to the respondents was discharged, and the trial court was directed not to prepare a paper book and to refund any amount taken from the appellant. The order was communicated to the trial court for implementation.

Issues considered

Whether the appellant may be permitted to withdraw the appeal at this stage

Subjects

withdrawal of appealcivil procedurestay applicationhigh court ordernotice dischargepaper book

Judgment

     C/SA/241/2015                               ORDER DATED: 06/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SECOND APPEAL NO. 241 of 2015

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2015
                  In R/SECOND APPEAL NO. 241 of 2015
==========================================================
          PRAKASHBHAI NANDLAL BHATT (SWAMINARAYAN)
                            Versus
               KESHAVLAL AMBALAL PATEL & ORS.
==========================================================
Appearance:
MR RASESH PARIKH for MR.HEMANG H PARIKH(2628) for the Appellant(s)
No. 1
MR GM AMIN(124) for the Respondent(s) No. 5
NOTICE SERVED for the Respondent(s) No. 1,2,3,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 06/02/2026

                              ORAL ORDER


     Learned advocate for the appellant, under the instructions,
seeks permission to withdraw present appeal.                   Permission
granted. The appeal stands disposed of as withdrawn. Notice
discharged.


     It is clarified that this Court has not examined the merits
of the matter.


     Consequently, CA does not survive and stands disposed
of accordingly.


     Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.

                                 Page 1 of 2
                C/SA/241/2015                                                          ORDER DATED: 06/02/2026




                 It is directed that if no paper book is prepared as of now,
      the learned trial Court shall not prepare paper book anymore
      and amount taken from the appellant shall be refunded to
      him.


                 Registry            is    directed to convey                           this       order         to the
      concerned learned trial Court forthwith.




                                                                                                      (J. C. DOSHI,J)
      SHEKHAR P. BARVE




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 06/02/2026 17:34:31




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