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2026 DAILYLAW 659 (GUJ)

LHS OF DECD.PATEL MADHABHAI PARSHOTTAMBHAI,LHS OF DECD.PATEL SANKABHAI MADHABHAI v. LEGAL HEIR OF DAHYABHAI NATHABHAI NAYEE

MCA/968/2026 · 2026-04-20

Divyesh A Joshi

body2026

Judgment text

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C/MCA/968/2026 ORDER DATED: 20/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 968 of 2026 In F/MISC. CIVIL APPLICATION/37703/2025 In R/SPECIAL CIVIL APPLICATION/2047/2012 ========================================================== LHS OF DECD.PATEL MADHABHAI PARSHOTTAMBHAI,LHS OF DECD.PATEL SANKABHAI MADHABHAI & ORS. Versus LEGAL HEIR OF NAYI DAHYABHAI NATHABHAI & ORS. ========================================================== Appearance: MR HIMANISH J JAPEE(11295) for the Applicant(s) No. 1,1.1,1.2,1.3 MR. ADITYA PATHAK for the Opponent(s) No. 6, 7, 8 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 20/04/2026 ORAL ORDER The present application has been preferred by the applicants seeking restoration of the matter, being Misc. Civil Application No. 37703 of 2025, which came to be dismissed for default on account of want of prosecution. Heard learned advocate Mr. Himansh J. Japee for the applicants and learned AGP Mr. Aditya Pathak for opponents. Having considered the submissions canvassed by the learned advocates appearing for the respective parties and considering the fact that the main matter came to be dismissed for default for want of prosecution, this Court is of the view that the applicants have made out a case for restoration of the C/MCA/968/2026 ORDER DATED: 20/04/2026 petition. Hence, the present application deserves to be allowed. The application is, therefore, allowed. The matter being Misc. Civil Application No. 37703 of 2025 is hereby restored to its original file. Learned advocate appearing for the applicant has tendered a draft amendment. The amendment is allowed in terms of the draft. The same shall be carried out forthwith. (DIVYESH A. JOSHI,J) GARVITA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GARVITA KACHHWAHA(HC02358), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 22/04/2026 15:54:11