C/MCA/1795/2026 ORDER DATED: 29/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1795 of 2026 In R/SECOND APPEAL/99/2004 ========================================================== NAGINBHAI SHUKKARBHAI PATEL Versus SOMLABHAI RAGHIYABAHI PATEL SINCE DECD THROUGH HEIRS & ORS. ========================================================== Appearance: MR SHAIVANG D MEHTA(5623) for the Applicant(s) No. 1 MR ADIL R MIRZA(2488) for the Opponent(s) No. 1.1,1.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 29/07/2026 ORAL ORDER 1. Heard Mr. Shaivang D. Mehta, learned advocate for the applicant. 2. Rule returnable forthwith. Mr. Adil R. Mirza, learned advocate waives service of rule on behalf of the opponent. 3. Mr. Mehta, learned advocate, would submit that one opportunity may be given to the applicant and he undertakes to conduct the matter as and when it is taken up for hearing. C/MCA/1795/2026 ORDER DATED: 29/07/2026 4. Having heard learned advocate for the applicant and considering the averments made in the application as well as assurance given by learned advocate for the applicant, the present application deserves to be allowed. 5. Accordingly, the present application is partly allowed in terms of paragraph 5 (B) of the application. Rule is made absolute to the aforesaid extent. Second Appeal No. 99 of 2004 is ordered to be restored back on its original file. (MAULIK J.SHELAT,J) SHAHANAZ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SYED SHAHANAZ(HC02353), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/07/2026 14:49:29