High Court of Gujarat

LALITABEN HASMUKHBHAI RANAversusCHANDUBHAI JENABHAI CHAUHAN

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

Holding

The second appeal is dismissed for non‑prosecution, with liberty to revive the matter if the appellants can overcome the difficulty.

Summary

The appellants, Lalitabeni Hasmukhbhai Rana & others, filed a second appeal before the Gujarat High Court. Their counsel, Mr. Rutul P. Desai, claimed he had not received any instructions from the appellants despite attempts to contact them. Consequently, the court noted a lack of prosecution of the appeal. The judge dismissed the second appeal on the ground of non‑prosecution, but granted the appellants liberty to revive the matter if they can overcome the difficulty. Any interim relief previously granted was vacated, and the record was ordered to be sent back to the trial court.

Issues considered

What is the appropriate consequence when an appeal is not prosecuted due to lack of instructions from the parties?

Subjects

appealnon-prosecutiondismissalprocedural defaultrevivalinterim relief

Judgment

         C/SA/100/2012                                                            ORDER DATED: 13/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/SECOND APPEAL NO. 100 of 2012

==========================================================
                          LALITABEN HASMUKHBHAI RANA & ORS.
                                        Versus
                            CHANDUBHAI JENABHAI CHAUHAN
==========================================================
Appearance:
MR RUTUL P DESAI(6498) for the Appellant(s) No. 1,2,3
MR SURESH B BHATT(5669) for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                               Date : 13/01/2026

                                                 ORAL ORDER


                     Learned            advocate             Mr.Desai              for      the        appellants
submits that since long, he did not receive any instructions from
appellants and though he tried to contact appellants, he could
not succeed. He therefore, submitted to pass necessary order
reserving liberty to revive the matter in case of difficulty.
                     In view of above, Second Appeal stands dismissed for
non prosecution with liberty to revive in case of difficulty.
Interim relief granted earlier, if any, stands vacated. Record and
proceedings, if any, be send back to learned Trial Court
concerned.



                                                                                            (J. C. DOSHI,J)
SATISH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 13/01/2026 15:49:21




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