High Court of Gujarat

MOHSINSHA SALIMSHA DIWANversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court granted permission to withdraw the petition, disposing of it as withdrawn.

Summary

The petitioner, Mohinsaha Salimsha Diwan, filed a special civil application before the High Court of Gujarat against the State of Gujarat and another party. The petitioner, through counsel Mr. Prem K. Shah, sought the Court's permission to withdraw the petition. The Court examined the request and, exercising its inherent jurisdiction, granted permission to withdraw. It expressly noted that it had not examined the merits of the substantive dispute. Consequently, the petition was disposed of as withdrawn and the notice to the respondents was discharged.

Issues considered

Whether the Court may grant permission to withdraw a pending civil petition without adjudicating its merits

Subjects

withdrawal of petitioncivil procedurediscretion of courthigh court order

Judgment

      C/SCA/9954/2021                                                                ORDER DATED: 24/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 9954 of 2021

==========================================================
                                  MOHSINSHA SALIMSHA DIWAN
                                            Versus
                                   STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR PREM K SHAH FOR MR. MAULIK M SONI(7249) for the Petitioner(s) No.
1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 24/03/2026

                                                 ORAL ORDER

         Mr. Prem K. Shah, learned counsel for Mr. Maulik
M. Soni, learned counsel for the petitioner, under
instruction,                seeks            permission                   to       withdraw                 present
petition.
         Permission as sought for is granted. The petition
stands disposed of as withdrawn. Notice is discharged. It
is clari ed that this Court has not entered into the merits
of the case.


                                                                       (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI

  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:27:54




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