High Court of Gujarat

JANUBEN WD/O SAVDASBHAIversusNAGARPALIKA MANGROL

Disposal: 60-DISMISSED FOR DEFAULT @ ADMISSION STAGE
Bench: MAULIK SHELAT

Holding

The appeal was dismissed for non‑prosecution as no advocate appeared on behalf of the appellant.

Summary

An appeal (R/Second Appeal No. 16 of 2016) was filed before the High Court of Gujarat. Advocate notices were served on appellant No. 6 and No. 9, while notices to appellants No. 1, 2, 4, 5, 7, 8 remained unserved and appellant No. 3’s notice had expired. No steps were taken by any of the appellants and no counsel appeared before the Court. The Court observed that the appeal could not proceed without representation. Consequently, the appeal was dismissed for non‑prosecution and the connected civil application was also disposed. Any pending records were to be returned to the trial court.

Issues considered

Whether an appeal can be proceeded with in the absence of any advocate representing the appellant?

Subjects

appeal dismissalnon-prosecutionadvocate noticecivil procedureHigh Court of Gujarat

Judgment

           C/SA/16/2016                                                ORDER DATED: 16/07/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/SECOND APPEAL NO. 16 of 2016

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2016
                    In R/SECOND APPEAL NO. 16 of 2016
  =============================================
                          JANUBEN WD/O SAVDASBHAI & ORS.
                                      Versus
                            NAGARPALIKA MANGROL & ANR.
  =============================================
  Appearance:
  ADVOCATE NOTICE SERVED for the Appellant(s) No. 6,9
  ADVOCATE NOTICE UNSERVED for the Appellant(s) No.
  1,2,4,5,7,8
  UNSERVED EXPIRED (N) for the Appellant(s) No. 3
  MR MURALI N DEVNANI(1863) for the Respondent(s) No. 1
  NOTICE SERVED for the Respondent(s) No. 2
  =============================================

   CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                       Date : 16/07/2026

                                          ORAL ORDER

           Since the advocate notice is served upon appellant Nos.6 & 9
  and unserved qua appellant Nos.1, 2, 4, 5, 7 & 8 as also appellant
  No.3 expired, no steps have been taken as also none appears.

           Hence,         the   present        appeal         stands     dismissed         for     non-
  prosecution. Connected CA is also disposed of. R & P, if any
  received, be sent back to the concerned Trial Court.


                                                                    (MAULIK J.SHELAT,J)
  Lalji Desai

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: LALJI DESAI(HC01558), PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2026 18:48:45




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