High Court of Gujarat
JAYANTILAL MAGANLAL PANDYA, DIED DURING PENDECY,(DELETED)versusTINABEN @ RASHMIBEN VINODBHAI RAY,D/O JAYANTILAL M PANDYA
- Decided
- 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 default
- dismissal for want of prosecution
- civil procedure
- interim 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
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JAYANTILAL MAGANLAL PANDYA, DIED DURING PENDECY,(DELETED)
& ORS.
Versus
TINABEN @ RASHMIBEN VINODBHAI RAY,D/O JAYANTILAL M PANDYA
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Appearance:
MR AFTABHUSEN ANSARI(5320) for the Appellant(s) No. 2,3
MR R N GHOTRA(2804) for the Respondent(s) No. 1
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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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