High Court of Gujarat

GOVINDBHAI NARANBHAI AHIRversusPARSHOTTAM BAVABHAI PATEL

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant Govindbhai Naranbhai Ahir filed a second appeal and a civil application for interim relief against Parshottam Bavabhai Patel. The matter was listed repeatedly before the High Court of Gujarat. The appellant’s counsel, Shivani R Modi, failed to appear on several occasions and was observed to be uninterested in prosecuting the case. The respondent’s counsel, Mr. AV Prajapati, was present throughout. The Court, noting the persistent non‑appearance and lack of prosecution, dismissed the second appeal for want of prosecution without addressing the merits. No further orders were made.

Issues considered

Whether the second appeal can proceed despite the appellant’s counsel’s repeated non‑appearance
Whether dismissal for want of prosecution is appropriate under procedural law

Subjects

procedural defaultwant of prosecutioncivil appealHigh Court of Gujaratinterim reliefnon‑appearance of counsel

Judgment

              C/SA/255/2023                                                           ORDER DATED: 03/03/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/SECOND APPEAL NO. 255 of 2023

                                        With
                CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
                         In R/SECOND APPEAL NO. 255 of 2023
    ==========================================================
                                      GOVINDBHAI NARANBHAI AHIR
                                               Versus
                                      PARSHOTTAM BAVABHAI PATEL
    ==========================================================
    Appearance:
    SHIVANI R MODI(9280) for the Appellant(s) No. 1
    MR AV PRAJAPATI(672) for the Respondent(s) No. 1
    ==========================================================

        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                   Date : 03/03/2026

                                                     ORAL ORDER


               The matter is listed on board various times.                                                When the
    matter is called out, learned advocate for the appellant is absent.
    Earlier also, learned advocate for the appellant has taken time.
    Hence, it appears that learned advocate for the appellant is not
    interested in prosecuting the matter any further. Hence, present
    Second Appeal stands dismissed for want of prosecution.



                                                                                                     (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 03/03/2026 14:52:47




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