BHIKHABHAI MAHADEVBHAI RABARIversusDEFENSE ESTATE OFFICER
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- C DOSHI
Holding
The court held that the respondents must file the DS affidavit by 16 February 2026, otherwise the proceedings will be dismissed for default.
Summary
The appellant, Bhikhabhai Mahadevbhai Rabari, filed a second appeal and a civil application for stay against the Defense Estate Officer and another respondent. The court observed that the respondents had not filed the required DS affidavit since the matter was initiated in 2021. The judge directed that the DS affidavit must be filed on or before 16 February 2026. Failure to comply would result in the dismissal of the proceedings for default without further referral to the court. The matter was adjourned to 19 February 2026 to allow the respondents an opportunity to comply.
Issues considered
- Whether the respondents' failure to file the DS affidavit warrants dismissal of the proceedings for default.
Subjects
Judgment
C/SA/84/2021 ORDER DATED: 22/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 84 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/SECOND APPEAL NO. 84 of 2021
=====================================================
BHIKHABHAI MAHADEVBHAI RABARI
Versus
DEFENSE ESTATE OFFICER & ANR.
=====================================================
Appearance:
MR ANKIT Y BACHANI(5424) for the Appellant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2
=====================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 22/01/2026
ORAL ORDER
What is noticeable is that, in a matter filed in 2021 and yet
the appellant has not filed the DS Affidavit for the respondents.
If the DS affidavit qua respondent Nos. 1 and 2 is not filed
on or before 16.02.2026, present proceedings shall stand
dismissed for default without referring the matter to the Court.
Stand over to 19.02.2026.
(J.C. DOSHI, J.)
Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 22/01/2026 18:18:22
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