High Court of Gujarat

MADHUBEN JANABHAI PATELversusCHARITY COMMISSIONER

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The appeal is dismissed for non‑prosecution of the represented appellants and abated with respect to the deceased appellant.

Summary

The petitioners (Madhuben Janabhai Patel & Ors.) filed a first appeal before the Gujarat High Court against the Charity Commissioner and others. Notice of appearance was served on appellant No.1 and No.2, but no counsel appeared to represent them. Appellant No.3 had died, and no steps were taken to substitute or continue the appeal on his behalf. The Court held that the appeal could not proceed due to non‑prosecution by the represented appellants and was abated with respect to the deceased appellant. Consequently, the appeal was dismissed and the registry was directed to return any records to the lower court.

Issues considered

Whether an appeal may proceed when the appellant's counsel fails to appear after service of notice
Whether an appeal is extinguished (abated) due to the death of an appellant without substitution

Subjects

appealnon‑prosecutionabatementservice of noticeprocedural dismissal

Judgment

           C/FA/3512/2012                                                           ORDER DATED: 11/06/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 R/FIRST APPEAL NO. 3512 of 2012
  ==========================================================
                               MADHUBEN JANABHAI PATEL & ORS.
                                           Versus
                                CHARITY COMMISSIONER & ORS.
  ==========================================================
  Appearance:
  ADVOCATE NOTICE SERVED for the Appellant(s) No. 1,2
  UNSERVED EXPIRED (N) for the Appellant(s) No. 3
  MS DIXA PANDYA, ASST. GOVERNMENT PLEADER for the Defendant(s)
  No. 1
  MR DA SANKHESARA(5955) for the Defendant(s) No. 5,6,7
  MR SP MAJMUDAR(3456) for the Defendant(s) No. 4
  MR VIJAL P DESAI(5505) for the Defendant(s) No. 2
  MS REETA CHANDARANA(3023) for the Defendant(s) No. 1
  RULE SERVED for the Defendant(s) No. 1
  RULE SERVED BY DS for the Defendant(s) No. 3
  ==========================================================
     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 11/06/2026

                                                        ORDER
             Cause list shows that advocate notice is served to
  appellant Nos.1 and 2, but none remained present to
  represent the appellant Nos.1 and 2.                                              Appellant No.3 has
  expired, but no steps are taken.


             Hence, present First Appeal stands dismissed for non-
  prosecution qua appellant Nos.1 and 2 and stands abated qua
  appellant No.3. Notice discharged.


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

                                                                                                  (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 16:45:26

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