High Court of Gujarat

BHARATKUMAR MANSUKHLAL PATEL THRO'POAversusJAGUBHAI GOVINDBHAI PATEL DELETED

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

Holding

The Court dismissed the first appeal on the ground of non‑prosecution.

Summary

The petitioners filed First Appeals No. 1467, 1468 and 1469 of 2013 before the High Court of Gujarat. No advocate appeared on behalf of the appellants despite notice being served. The Court observed that the appellants had not prosecuted the matter. Consequently, the Court dismissed First Appeal No. 1467 for non‑prosecution, clarifying that this dismissal does not affect other appeals arising from the same issue. The Registry was directed to return any records to the concerned Court. Separate procedural orders were issued for the other appeals regarding service and fresh rules.

Issues considered

Whether a first appeal may be dismissed for non‑prosecution when no advocate appears to prosecute the matter

Subjects

appealnon‑prosecutiondismissalcivil procedurehigh court order

Judgment

     C/FA/1467/2013                               ORDER DATED: 11/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1467 of 2013

                                  With
                      R/FIRST APPEAL NO. 1468 of 2013
                                  With
                      R/FIRST APPEAL NO. 1469 of 2013
==========================================================
         BHARATKUMAR MANSUKHLAL PATEL THRO'POA & ORS.
                            Versus
           JAGUBHAI GOVINDBHAI PATEL DELETED & ORS.
==========================================================
Appearance:
ADVOCATE NOTICE SERVED for the Defendant(s) No. 3
MS URVASHI PUROHIT, AGP for the Defendant(s) No. 4
MR TARAK DAMANI(6089) for the Defendant(s) No. 2
MS MAITHILI D MEHTA(3206) for the Defendant(s) No. 4,5
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 11/06/2026

ORDER IN FA 1467/13


      Cause list shows that though advocate notice is served to
the appellants, none is come forward to prosecute the matter
any further. Hence, present First Appeal stands dismissed for
non-prosecution.


      It is clarified that dismissal of this First Appeal shall not
adversely affect other first appeal/s arising out of the same
issue.


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




                                  Page 1 of 2
             C/FA/1467/2013                                                           ORDER DATED: 11/06/2026




    ORDER IN FA 1468/13


               Fresh rule to respondent No.3 returnable on 3.7.2026.
    Direct service is permitted.

    ORDER IN FA 1469/13


               S.O. to 3.7.2026.

                                                                                                    (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 11/06/2026 16:42:46




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