High Court of Gujarat

ASHOKBHAI BHANABHAI PATELversusSTATE OF GUJARAT

Decided: 8 April 2026
Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: DIVYESH A JOSHI

Holding

The petition was dismissed for default for want of prosecution.

Summary

The petitioner, Ashokbhai Bhanabhai Patel, failed to appear for the second hearing of his special civil application before the High Court of Gujarat. The learned counsel for the petitioner was absent, indicating a lack of intention to continue the proceedings. The court held that such absence amounted to a want of prosecution. Consequently, the petition was dismissed for default and the rule was discharged. The connected application was also disposed of.

Issues considered

Whether the petition can be proceeded in the absence of the petitioner and his counsel?

Subjects

default judgment
civil procedure
want of prosecution
petition dismissed

Judgment

              C/SCA/12207/2017                                                     ORDER DATED: 08/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/SPECIAL CIVIL APPLICATION NO.                                   12207 of 2017

       =======================================================
                      ASHOKBHAI BHANABHAI PATEL
                                Versus
                       STATE OF GUJARAT & ORS.
       =======================================================
       Appearance:
       MS SONAL D VYAS(999) for the Petitioner(s) No. 1
       DECEASED LITIGANT for the Respondent(s) No. 3
       MR JAY TRIVEDI AGP for the Respondent(s) No. 1
       MR ADIL R MIRZA(2488) for the Respondent(s) No. 3.1,3.2
       RULE SERVED BY DS for the Respondent(s) No. 2,4
       =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 08/04/2026

                                                    ORAL ORDER

                Even        in      second         call,         learned           advocate           for       the

       petitioner is absent, which shows that he does not wish

       to continue with the present proceeding.

                Hence, the present petition stands dismissed for

       default for want of prosecution. Rule is discharged.

                Connected application stands disposed of.



                                                                          (DIVYESH A. JOSHI, J.)

       Gautam

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 08/04/2026 14:40:31




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