High Court of Gujarat

HEIRS OF LT.DHANJIBHAI NAROTTAMBHAI VANKARversusSTATE OF GUJARAT THRO SECRETARY

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: DIVYESH A JOSHI

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a special civil application but their counsel failed to appear for the hearing despite the matter being called twice. No request for adjournment was made on their behalf. The Court, noting the non‑appearance and lack of any request for a pass over, dismissed the petition for non‑prosecution. Consequently, any notice or rule issued stands discharged and any interim relief granted is vacated. The order was pronounced by Justice Divyesh A. Joshi on 6 February 2026.

Issues considered

What is the appropriate consequence when petitioners fail to appear for a hearing without seeking an adjournment?

Subjects

civil procedurenon‑prosecutiondismissalinterim relief vacated

Judgment

        C/SCA/1181/2013                                                               ORDER DATED: 06/02/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 1181 of 2013

==========================================================
          HEIRS OF LT.DHANJIBHAI NAROTTAMBHAI VANKAR & ORS.
                                 Versus
               STATE OF GUJARAT THRO SECRETARY & ORS.
==========================================================
Appearance:
MR ANKIT SHAH(6371) for the Petitioner(s) No. 1.1,1.2,1.3,1.4,1.5,2
MR. JAY TRIVEDI, LD. ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2,3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                Date : 06/02/2026

                                                  ORAL ORDER
          The        matter            is     called          out        twice,          however,              learned
advocate appearing for the petitioners does not remain
present. Neither any request for pass over nor adjournment is
prayed for on his behalf. Hence, the matter is dismissed for
non-prosecution.                     Notice/Rule,                 if     any,         stands           discharged.
Interim relief, if any, stands vacated.



                                                                                        (DIVYESH A. JOSHI,J)

VAHID

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 15:14:47




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