High Court of Gujarat

JOSHI MANSUKHBHAI NAGJIBHAIversusJOSHI AMITKUMAR HARSHADBHAI

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The appeal dismissed for default is restored to its original file.

Summary

The applicant filed a criminal miscellaneous application seeking restoration of Criminal Appeal No. 1301 of 2024, which had been dismissed for default due to want of prosecution. The court considered the submissions of counsel for both parties. Finding no impediment, the court allowed the application and ordered that the appeal be restored to its original file. Consequently, the appeal is revived for further hearing. The application was thereafter disposed of.

Issues considered

Whether a criminal appeal dismissed for default for want of prosecution can be restored?

Subjects

restoration of appealdefault judgmentcriminal procedureHigh Court of Gujaratappeal dismissed for want of prosecution

Judgment

       R/CR.MA/13521/2026                                                   ORDER DATED: 15/06/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 13521 of
                               2026

                             In R/CRIMINAL APPEAL/1301/2024

 ==========================================================
                          JOSHI MANSUKHBHAI NAGJIBHAI
                                     Versus
                       JOSHI AMITKUMAR HARSHADBHAI & ANR.
 ==========================================================
 Appearance:
 MR NARENDRA RANAMALJI MADHU(13497) for the Applicant(s) No. 1
 MR DEEPAKKUMAR R JATAV(11716) for the Respondent(s) No. 1
 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
 Respondent(s) No. 2
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                                          Date : 15/06/2026

                                            ORAL ORDER


 1.       The application is filed seeking restoration of the Criminal
 Appeal no. 1301 of 2024 which has been dismissed for default for
 want of prosecution.


 2.       Having considered the submissions of the learned counsel for
 the respective parties and the averments made in the present
 application, the present application is allowed. The appeal being
 Criminal Appeal No. 1301 of 2024 is ordered to be restored to its
 original file.


 3.       The application stands disposed of accordingly.


                                                               (HEMANT M. PRACHCHHAK,J)
 ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/06/2026 17:31:13

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