High Court of Gujarat

JAYANTILAL MAGANLAL PANDYA, DIED DURING PENDECY,(DELETED)versusTINABEN @ RASHMIBEN VINODBHAI RAY,D/O JAYANTILAL M PANDYA

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

Holding

The appeal was dismissed for want of prosecution due to the appellant's counsel's absence.

Summary

The appellants filed a second appeal in the Gujarat High Court, but their counsel was absent even after a second call. The court held that the appeal could not proceed without prosecution and therefore dismissed it. No order as to costs was made. Any interim relief that had been granted was vacated immediately. The record and any proceedings were directed to be sent back to the lower court.

Issues considered

What is the appropriate consequence when an appellant's counsel fails to appear for hearing despite a second call?

Subjects

procedural defaultdismissal for want of prosecutioncivil procedureinterim relief vacated

Judgment

                    C/SA/21/2007                                                      ORDER DATED: 25/03/2026




                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                       R/SECOND APPEAL NO. 21 of 2007

          ==========================================================
           JAYANTILAL MAGANLAL PANDYA, DIED DURING PENDECY,(DELETED)
                                    & ORS.
                                    Versus
           TINABEN @ RASHMIBEN VINODBHAI RAY,D/O JAYANTILAL M PANDYA
          ==========================================================
          Appearance:
          MR AFTABHUSEN ANSARI(5320) for the Appellant(s) No. 2,3
          MR R N GHOTRA(2804) for the Respondent(s) No. 1
          ==========================================================

               CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                      Date : 25/03/2026

                                                        ORAL ORDER


                    When the matter was taken up for hearing, learned advocate
          for the appellants remained absent even in second call. Hence, the
          matter stands dismissed for want of prosecution. No order as to costs.
          Interim Relief, if any, stands vacated forthwith. Record and
          Proceedings, if any, be sent back to the concerned Court forthwith.




                                                                                                    (D. M. DESAI,J)
          vk



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VATSAL KOTECHA(HC00352), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/03/2026 16:13:27




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