High Court of Gujarat

FIROZABIBI NIYAZBHAI PATEL THROUGH LEGAL HEIR WIFE SINCE NIYAZBHAI KAMLUDDIN PATEL DIEDversusDINESHBHAI RAMANBHAI PATEL

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: HASMUKH D SUTHAR

Holding

The application shall be dismissed for non‑prosecution unless the petitioner supplies the correct address of the respondent within one week.

Summary

The petitioners, represented by the legal heir of the deceased, filed a civil application seeking condonation of delay. The respondent could not be served because the court did not have a correct address. The court noted the lack of service and directed the petitioner to furnish the correct address of the respondent within one week. It warned that failure to do so would result in the application being dismissed for non‑prosecution. No substantive merits of the condonation request were addressed. The order was issued by Justice Hasmukh D. Suthar on 9 February 2026.

Issues considered

Whether the condonation of delay application can proceed without proper service on the respondent

Subjects

condonation of delayservice of noticecivil procedurecourt order

Judgment

        C/CA/3376/2025                                                          ORDER DATED: 09/02/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3376 of
                              2025
            In F/MISC. CIVIL APPLICATION/9548/2025
                 In F/FIRST APPEAL/13206/2023
==========================================================
   FIROZABIBI NIYAZBHAI PATEL THROUGH LEGAL HEIR WIFE SINCE
            NIYAZBHAI KAMLUDDIN PATEL DIED & ANR.
                              Versus
                 DINESHBHAI RAMANBHAI PATEL
==========================================================
Appearance:
MR RAAJEN D JADHAV(10026) for the Applicant(s) No. 2
NOTICE UNSERVED for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 09/02/2026
                                            ORAL ORDER


         Perused the o3ce note.
         Learned advocate for the applicant No.2 to supply correct
address of respondent within a period of ONE WEEK from today,
failing which application shall stand dismissed for non-
prosecution.
         O3ce note is disposed of in aforesaid terms.



                                                                    (HASMUKH D. SUTHAR, J.)

Ajay

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 15:09:28




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