High Court of Gujarat
KANTIBHAI OKHAJI SOLANKI NAIversusAMARJITSINH DARBARSINH
- Decided
- 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 dismissed
- want of prosecution
- civil 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
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KANTIBHAI OKHAJI SOLANKI NAI
Versus
AMARJITSINH DARBARSINH & ORS.
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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
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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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