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High Court of Gujarat

DIPAKBHAI GHANSHYAMBHAI MAJETHIYAversusMANJULABEN D/O CHIMANLAL BABURAM MEHTA AND W/O PRAVINCHANDRA REVASHANKAR RAVAL

Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The appeal is disposed of as the parties have settled the dispute and permission to withdraw is granted.

Summary

The appellant, Dipakbhai Ghanshyambhai Majethiya, filed a second appeal in the Gujarat High Court. The parties subsequently settled their dispute through a mediation centre. The appellant's counsel sought permission to withdraw the appeal, arguing that further litigation was unnecessary. The court examined the mediation report and the parties' request. Finding that the dispute was resolved, the court granted permission to withdraw the appeal and ordered the appeal and the connected civil application to be disposed of. All pending notices and rules were discharged, and the record was to be returned to the parties.

Issues considered

  • Whether an appeal may be withdrawn after the parties have settled the dispute through mediation

Subjects

mediationwithdrawal of appealcivil proceduredisposal of appealsettlement

Judgment

     C/SA/563/2025                               ORDER DATED: 29/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SECOND APPEAL NO. 563 of 2025

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                  In R/SECOND APPEAL NO. 563 of 2025
                                 With
                    R/SECOND APPEAL NO. 566 of 2025
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                  In R/SECOND APPEAL NO. 566 of 2025
==========================================================
           DIPAKBHAI GHANSHYAMBHAI MAJETHIYA
                          Versus
     MANJULABEN D/O CHIMANLAL BABURAM MEHTA AND W/O
        PRAVINCHANDRA REVASHANKAR RAVAL & ORS.
==========================================================
Appearance:
MR JAIMIN A MEHTA(10552) for the Appellant(s) No. 1
MR NARENDRA RANAMALJI MADHU(13497) for the Appellant(s) No. 1
MS KINJAL P SHUKLA(10226) for the Appellant(s) No. 1
DHRUV R YAGNIK(7876) for the Respondent(s) No. 6
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 6
NOTICE SERVED for the Respondent(s) No. 1,3
NOTICE UNSERVED for the Respondent(s) No. 4,5
UNSERVED EXPIRED (N) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                             Date : 29/04/2026

                          COMMON ORAL ORDER


1.   Heard learned advocates for the respective parties.

2.   Learned advocate for the appellants submitted that the

dispute between the parties is settled in the Mediation Centre

and now appellants do not want to proceed with the matter

and therefore, permission may be granted to withdraw the

present appeal.


                                 Page 1 of 2
        C/SA/563/2025                                                     ORDER DATED: 29/04/2026




3.       In view of the submissions canvassed by learned advocate

for the appellants, and in view of the mediation report, the

permission, as sought for, is granted. Accordingly, present

appeal stands disposed of accordingly. Rule, if any, stands

discharged.           Notice,         if    any,       stands        discharged.            Record         &

Proceedings, if any, to be sent back forthwith.


4.       In view of the disposal of main matter, Connected Civil

Application does not survive and is disposed of accordingly.




                                                                                  (D. M. DESAI,J)

SHIVANI SHUKLA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHIVANI SHUKLA(HC02350), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 30/04/2026 15:21:06




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