C/FA/2899/2026 ORDER DATED: 09/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2899 of 2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/FIRST APPEAL NO. 2899 of 2026 ========================================================== CHHAGANBHAI NATHABHAI HIRPARA (DELETED) & ORS. Versus ASHWINBHAI GHELABHAI RADADIYA ========================================================== Appearance: MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1,2,3,4 MR RAHUL K DAVE(3978) for the Appellant(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 09/07/2026 ORDER In view of judgment passed by Division Bench of this Court in Maliben Kamabhal Harijan v/s. Jagjivan Nanji dead by L.Rs. and others [2023 SCC Online Guj 171] and since court fee in suit is valued at Rs.1310/-, the appeal is maintainable before the District Court. Learned advocate for the appellants request to withdraw this appeal with liberty to file appeal before the District Court concerned. The request is accepted. Liberty as sought for is granted. The appeal as well as Civil Application stand disposed of as withdrawn. Registry is directed to return certified copy of the impugned judgment to the appellant by replacing photocopy of the same. Court fee, if any, shall be refunded to appellant. In case, if any delay occurs in filing first appeal before the District Court concerned, benefit of section 14 of the Limitation Act shall be granted to appellant. (J. C. DOSHI,J) SATISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 09/07/2026 16:22:10