High Court of Gujarat

NARENDRA C DESAI(DECEASED)versusJOGESH JAGMOHANDAS PANWALA

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: C DOSHI

Holding

The petition is dismissed for want of prosecution as the petitioner failed to appear and pursue the matter.

Summary

In a civil revision application, the petitioner No.1.2 had died and petitioner No.1.1 failed to appear despite being served notice. The court observed that petitioner No.1.1 showed no interest in prosecuting the matter. Consequently, the petition was dismissed for want of prosecution. The registry was directed to return any records to the concerned court. No substantive merits of the case were examined.

Issues considered

Can the civil revision petition proceed when the petitioner fails to appear and shows no interest in prosecuting the matter?

Subjects

dismissalwant of prosecutioncivil revisionnon-appearancedeceased petitioner

Judgment

           C/CRA/132/2019                                                           ORDER DATED: 06/03/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL REVISION APPLICATION NO. 132 of 2019

  ==========================================================
                           NARENDRA C DESAI(DECEASED) & ORS.
                                        Versus
                          JOGESH JAGMOHANDAS PANWALA & ORS.
  ==========================================================
  Appearance:
  ADVOCATE NOTICE SERVED for the Applicant(s) No. 1.1
  UNSERVED EXPIRED (N) for the Applicant(s) No. 1.2
  MR ASPI M KAPADIA(1865) for the Opponent(s) No. 1,2.1,2.2
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 06/03/2026

                                                  ORAL ORDER


            The petitioner No.1.2 has expired.                                        Advocate notice is
  served to petitioner No.1.1, but non remained present. Hence, it
  appears           that        the       petitioner           No.1.1          is     not        interested            in
  prosecuting the matter any further. Under the circumstances,
  present petition stands dismissed for want of prosecution. Rule
  discharged.


            Registry is directed to return back the R & P, if any, to
  the concerned Court forthwith.

                                                                                                  (J. C. DOSHI,J)
  SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 15:03:36




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