High Court of Gujarat

MAGANLAL MOHANLAL FALDUversusSTATE OF GUJARAT

Decided: 10 February 2026
Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: DIVYESH A JOSHI

Holding

The petition was dismissed for default due to the petitioner's counsel's non‑appearance.

Summary

The petitioner, Maganlal Mohanlal Faldu, filed a special civil application before the High Court of Gujarat. The petition sought relief against the State of Gujarat and others. During the second hearing, the petitioner's counsel, Mr. Bharat T. Rao, failed to appear despite being called. The court held that the petition could not proceed in the absence of the petitioner’s representation and dismissed it for default. Consequently, the notice issued to the respondents was discharged and any interim relief previously granted was vacated.

Issues considered

What is the appropriate consequence when a petitioner's counsel fails to appear for a scheduled hearing?

Subjects

default judgment
civil procedure
interim relief
notice discharge
court order

Judgment

        C/SCA/13925/2017                                                      ORDER DATED: 10/02/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/SPECIAL CIVIL APPLICATION NO.                                    13925 of 2017

 =======================================================
                 MAGANLAL MOHANLAL FALDU
                          Versus
                 STATE OF GUJARAT & ORS.
 =======================================================
 Appearance:
 MR BHARAT T RAO(697) for the Petitioner(s) No. 1
 MS SURBHI BHATI AGP for the Respondent(s) No. 1
 NOTICE SERVED BY DS for the Respondent(s) No. 2,3
 =======================================================

     CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                        Date : 10/02/2026

                                               ORAL ORDER

           Even in second call, learned advocate, Mr. Rao for

 the petitioner has not remained present. Hence, this

 petition            stands          dismissed             for       default           for      want        of

 prosecution. Notice is discharged. Interim relief, if

 any, stands vacated.



                                                                    (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 10/02/2026 14:13:17




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