High Court of Gujarat

CHUNILAL AMBARAM JARIWALAversusAMBARAM MOTIRAM (SINCE DECEASED)

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal is dismissed for non‑prosecution under Order 41 Rule 17 of the Code of Civil Procedure.

Summary

The original plaintiff appealed the dismissal of a suit for partition of family property and accounts of joint family firms. The appeal had earlier been dismissed for non‑prosecution, was restored, but the appellants again failed to pursue it. No counsel appeared for the parties when the matter was called. The Court observed that the appellants were not interested in proceeding and ordered the appeal dismissed under Order 41 Rule 17 of the Code of Civil Procedure. The dismissal was recorded as a final order.

Issues considered

Whether the appeal can be dismissed for non‑prosecution under Order 41 Rule 17 of the CPC

Legislation cited

Code of Civil Procedures. Order 41 Rule 17

Subjects

appealnon‑prosecutionOrder 41 Rule 17CPCpartition suitdismissal

Judgment

       C/FA/1884/2015                               ORDER DATED: 15/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1884 of 2015

==========================================================
                  CHUNILAL AMBARAM JARIWALA & ORS.
                               Versus
               AMBARAM MOTIRAM (SINCE DECEASED) & ORS.
==========================================================
Appearance:
MR AMAN MIR(10881) for the Appellant(s) No. 1,2,3,4
MR ASPI M KAPADIA(1865) for the Defendant(s) No. 10,11,12
RULE SERVED for the Defendant(s) No. 13,3,5,6
RULE UNSERVED for the Defendant(s) No. 14,15,16,17,2,4,7,8,9
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                                Date : 15/06/2026

                             ORAL ORDER
              (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.      This First Appeal is filed by the original plaintiff, challenging the
judgment of dismissal of the suit, passed by the 12 th Additional Senior
Civil Judge, Surat in Special Civil Suit No. 64 of 1988. The suit was filed
for partition of the suit properties and rendition of accounts of the
different joint family firms.


2.      When matter was called out, learned counsel is not remained
present to assist the Court. On 13.12.2018, this Court had observed that
the appellants are no more interested to pursue the matter, as a result, the
appeal was dismissed for non-prosecution. Thereafter, upon restoration of
the appeal, the R&P was called upon. Since March, 2026, the appellants
are not pursuing the appeal.




                                    Page 1 of 2
          C/FA/1884/2015                                                            ORDER DATED: 15/06/2026




3.         In the aforesaid view of the matter, the appeal is ordered to be
dismissed under Order 41 Rule 17 of Code of Civil Procedure for non-
prosecution.



                                                                                             (ILESH J. VORA,J)




                                                                                          (R. T. VACHHANI, J)
P.S. JOSHI


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 16/06/2026 11:17:23




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