Gujarat High Court
Thakor Saajanben D/O Thakor Ganeshji ... vs Thakor Kirtikumar Chanduji on 7 February, 2025
NEUTRAL CITATION
C/SCA/689/2025 ORDER DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 689 of 2025
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THAKOR SAAJANBEN D/O THAKOR GANESHJI HALAJI WD/O THAKOR
JAVANJI SOMAJI
Versus
THAKOR KIRTIKUMAR CHANDUJI & ORS.
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Appearance:
MS SONAL D VYAS(999) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 07/02/2025
ORAL ORDER
1. Heard learned advocate Ms. Sonal D. Vyas for the petitioner.
2. At the outset, learned advocate Ms. Vyas for the petitioner has invited the attention of this Court to the order dated 10.10.2024 passed by the Co-ordinate Bench of this Court in Second Appeal No. 426 of 2024. She would submit that at the relevant point of time, the petitioner has preferred a Second Appeal under Section 100 of CPC against the impugned judgment and decree dated 05.07.2024 passed by the 5th Principal District Judge Mahesana in Regular Civil Appeal No. 162 of 2023 before this Court, which was registered as Second Appeal No. 426 of 2024. Nonetheless, learned advocate for the petitioner would Page 1 of 3 Uploaded by SALIM(HC01108) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:42:44 IST 2025 NEUTRAL CITATION C/SCA/689/2025 ORDER DATED: 07/02/2025 undefined submit that due to inadvertence on the part of the petitioner, the said Second Appeal was withdrawn with a liberty to file an appropriate application before this Court.
3. When this Court has drawn the attention of learned advocate Ms. Vyas for the petitioner about the maintainability of the present petition and prima-facie, it has been pointed out to the learned advocate for the petitioner that the appeal which was preferred by the petitioner before the District Court having dismissed by way of the impugned judgment, wherein the decree has been passed, a legal recourse available to the petitioner would be filing of Second Appeal, which was in fact undertaken by the petitioner by filing the aforesaid Second Appeal before this Court.
4. At this stage, under the instruction of her client, learned advocate Ms. Vyas requests this Court to allow the present petitioner to withdraw the present petition seeking liberty to file an appropriate application in Second Appeal No. 426 of 2024, thereby the petitioner can request the Hon'ble Court to recall the order dated 10.10.2024 passed in the Second Appeal No. 426 of 2024.
5. Considering the aforesaid aspect of the matter and the Page 2 of 3 Uploaded by SALIM(HC01108) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:42:44 IST 2025 NEUTRAL CITATION C/SCA/689/2025 ORDER DATED: 07/02/2025 undefined request made by the learned advocate Ms. Vyas for the petitioner, the request is accepted. It is open for the petitioner to file an appropriate application thereby the petitioner can request this Court to recall its order dated 10.10.2024 passed in Second Appeal No. 426 of 2024.
6. It is made clear that this Court has neither gone into nor examined the merits of the matter.
7. In view of the above, the present petition is disposed of as withdrawn at this stage, reserving liberty in favour of the petitioner as prayed for. No order as to costs.
(MAULIK J.SHELAT,J) SALIM/ Page 3 of 3 Uploaded by SALIM(HC01108) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:42:44 IST 2025