High Court of Gujarat

MUSTAFA MOHAMMAD KAPADIA (DECEASED THRU LEGAL HEIRS)versusNASHRUDDIN GULAM MAHMMAD

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: DEVAN M DESAI

Holding

The appeal is dismissed for non‑prosecution.

Summary

The appellants, legal heirs of the deceased Mustafa Mohammad Kapadia, filed a first appeal in the Gujarat High Court. Service of notice on the appellant was effected on 2 February 2026, but the bailiff report showed that two other appellants were residing abroad. Notice on the respondent could not be served as the address was not found. The court observed that the appellants appeared to have lost interest in pursuing the appeal. Consequently, the appeal was dismissed for non‑prosecution, and any interim relief previously granted was vacated, with the record sent back to the lower court.

Issues considered

Whether the appeal should be dismissed for non‑prosecution due to failure to serve notice and apparent loss of interest by the appellants

Subjects

procedural lawservice of noticenon‑prosecutionappeal dismissalhigh court

Judgment

          C/FA/1889/2007                                                      ORDER DATED: 25/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/FIRST APPEAL NO. 1889 of 2007

  ==========================================================
   MUSTAFA MOHAMMAD KAPADIA (DECEASED THRU LEGAL HEIRS) &
                                ORS.
                                Versus
                  NASHRUDDIN GULAM MAHMMAD
  ==========================================================
  Appearance:
  ADVOCATE NOTICE SERVED for the Appellant(s) No. 1.1
  DECEASED LITIGANT for the Appellant(s) No. 1
  ADVOCATE NOTICE UNSERVED for the Defendant(s) No. 1
  ==========================================================
    CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                             Date : 25/02/2026

                                               ORAL ORDER


            The record reveals that advocate notice qua appellant No.

  1.1 is served on 02.02.2026. The bailiff report indicates that

  appellant Nos. 1.2 and 1.3 are residing abroad. Advocate notice

  qua the respondent is also unserved as not found at the given

  address.

            It seems that the appellants have lost interest in the cause of

  appeal. The appeal, therefore, stands dismissed for non-

  prosecution. Record and proceedings be sent back to the

  concerned Court / Tribunal. Interim relief granted earlier, if any,

  stands vacated.

                                                                                           (D. M. DESAI,J)
  MUSKAN

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MUSKAN AJAY MENON(HC02359), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 25/02/2026 13:25:18
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