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
NEUTRAL CITATION
C/SCA/689/2025 ORDER DATED: 07/02/2025
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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petitioner, the said Second Appeal was withdrawn with a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
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C/SCA/689/2025 ORDER DATED: 07/02/2025
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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/
