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2025 DAILYLAW 5867 (GUJ)

HETALBEN RAJESHBHAI SHAH v. HEIRS OF DECD MOHSIN FARUQ MENDA

CA/5444/2024 · 2025-08-01

Nisha M Thakore

body2025

Judgment text

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C/CA/5444/2024 ORDER DATED: 01/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5444 of 2024 In F/FIRST APPEAL NO. 25760 of 2024 ============================================= HETALBEN RAJESHBHAI SHAH Versus HEIRS OF DECD MOHSIN FARUQ MENDA & ORS. ============================================= Appearance: MR VISHAL C MEHTA(6152) for the Applicant(s) No. 1 RULE SERVED for the Respondent(s) No. 1.2,2,3 UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1 ============================================= CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 01/08/2025 ORAL ORDER Heard Mr. Vishal Mehta, learned advocate for the applicant. Learned advocate has placed on record the certified copy of the order dated 12.07.2025 passed by the learned 6th Additional District Judge, Panchmahal at Godhra passed below Exh.1 in MACP No.23 of 2024. By referring to the aforesaid order, learned advocate has submitted that the grievance of the applicant who is original claimant does not survive in view of the compromise arrived at between the applicant and the respondent Insurance Company. He has therefore, urged this Court to permit him to withdraw the present application and to dispose of the First Appeal. Considering the aforesaid submissions of the learned advocate for the applicant and in view of the settlement being arrived at between the parties, as recorded in the order dated 12.07.2025 passed by the concerned Tribunal in the MACP No.23 of 2024, permission prayed for to seek withdrawal of C/CA/5444/2024 ORDER DATED: 01/08/2025 the present application for condonation of delay and disposal of appeal is hereby accepted. Present application stands disposed of as withdrawn. In view of withdrawal of present application for condonation of delay, First Appeal (F) No. 25760 of 2024 as well as connected Civil Application also stands disposed of. (NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKSINH JILUSINH RATHOD(HC00957), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/08/2025 12:50:42