High Court of Gujarat

KANTIBHAI OKHAJI SOLANKI NAIversusAMARJITSINH DARBARSINH

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

Holding

The appeal was dismissed for want of prosecution.

Summary

The appellant, Kantibhai Okhaji Solanki NAI, filed a first appeal (No. 1045 of 2022) before the Gujarat High Court. The appellant's counsel, Mr. Rusi B. Trivedi, was called to appear on three occasions but remained absent each time. Consequently, the Court held that the appeal could not proceed due to lack of prosecution. The Judge dismissed the appeal for want of prosecution. No substantive merits of the case were examined.

Issues considered

Can an appeal be dismissed for want of prosecution when the appellant's counsel fails to appear despite being called?

Subjects

appeal dismissedwant of prosecutioncivil procedure

Judgment

         C/FA/1045/2022                                                      ORDER DATED: 11/02/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/FIRST APPEAL NO. 1045 of 2022

==========================================================
                              KANTIBHAI OKHAJI SOLANKI NAI
                                         Versus
                             AMARJITSINH DARBARSINH & ORS.
==========================================================
Appearance:
MR RUSI B TRIVEDI(11227) for the Appellant(s) No. 1
MS AMI N BHATT(3372) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2,4,5
RULE UNSERVED for the Defendant(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 11/02/2026

                                              ORAL ORDER


          Though called out thrice, learned counsel for the appellant has
  remained absent. Hence, present appeal stands dismissed for want of
  prosecution.


                                                                         (HASMUKH D. SUTHAR,J)

SUCHIT




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 12/02/2026 14:32:07




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