High Court of Gujarat

GABHA MALA RABARIversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: DIVYESH A JOSHI

Holding

The petition was dismissed for default as the petitioner failed to appear, and the interim relief was vacated.

Summary

The petitioner, Gabha Mala Rabari, filed Special Civil Application No. 13991 of 2016 before the High Court of Gujarat. The petitioner failed to appear for the hearing despite being served notice. The Court, noting the absence of any representation on the petitioner's part, considered the larger interest of justice. It held that the petition could not be prosecuted further without the petitioner's participation. Consequently, the Court dismissed the petition for default and discharged the rule/notice. Any interim relief that had been granted was vacated.

Issues considered

Whether a petition can be proceeded with in the absence of the petitioner's appearance?
Whether the Court may dismiss a petition for default and vacate interim relief?

Subjects

default judgmentcivil procedurepetition dismissalinterim relief vacatedspecial civil application

Judgment

       C/SCA/13991/2016                                                       ORDER DATED: 16/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 13991 of 2016
==========================================================
                       GABHA MALA RABARI
                               Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MEHUL H RATHOD(701) for the Petitioner(s) No. 1
MR.KISHORE PRAJAPATI(6305) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MS. HIMANI SHAH, AGP for the Respondent(s) No. 1,2,3
MR AR THACKER(888) for the Respondent(s) No. 4
==========================================================
  CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                          Date : 16/07/2026

                                              ORAL ORDER


          Even in the second call, none appeared on behalf of the
petitioner. Hence, in the larger interest of justice, the matter is
dismissed for default for want of prosecution. Rule/Notice is
discharged. Interim relief, if any, stands vacated.




                                                                          (DIVYESH A. JOSHI,J)
GARVITA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GARVITA KACHHWAHA(HC02358), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/07/2026 17:51:13




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