High Court of Gujarat
NIRMALKUMAR RAMANLAL SHAHversusKUDEEPSHING PALVINDARSHING JAT SARDAR
- Decided
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed for default due to non‑appearance of counsel for both parties.
Summary
The petitioners Nirmalkumar Ramanlal Shah & Anr filed a first appeal (No.174 of 2015) before the Gujarat High Court against respondents Kudeepshing Palvindarshing Jat Sardar & Ors. The appellant was represented by Mr. Ruturaj Nanavati, while the respondent was represented by Mr. Palak H. Thakkar. The Court had previously adjourned the matter on 12 January 2026 noting that no counsel had appeared. On 10 February 2026, once again no party appeared before the Court. Consequently, the Court exercised its power to dismiss the appeal for default, ordering the matter dismissed. The order was signed by Justice J.L. Odedra and recorded by the private secretary.
Issues considered
- What is the appropriate consequence when neither party appears before the Court for a scheduled hearing?
Subjects
- default judgment
- non‑appearance
- civil procedure
- dismissal for default
- high court order
Judgment
C/FA/174/2015 ORDER DATED: 10/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 174 of 2015
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NIRMALKUMAR RAMANLAL SHAH & ANR.
Versus
KUDEEPSHING PALVINDARSHING JAT SARDAR & ORS.
================================================================
Appearance:
MR RUTURAJ NANAVATI(5624) for the Appellant(s) No. 1,2
DELETED for the Defendant(s) No. 1
DISMISSED FOR NON PROSECUTION for the Defendant(s) No. 2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 10/02/2026
ORAL ORDER
On last occasion, vide order dated 12.01.2026, this Court
had noted that none of the advocate for the parties had
appeared before this Court. In the said order, was indicated
that as a matter of last chance, the matter was being
adjourned.
Today also, none appears for the parties. Hence, the
matter stands dismissed for default.
(J. L. ODEDRA, J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 13:42:18
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