High Court of Gujarat
KALPESHKUMAR AMRATBHAI NAIversusFALGUNIBEN D/O MAFATLAL GOHIL
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- C DOSHI
Holding
The petition stands disposed as infructuous because the underlying family suit was dismissed for default.
Summary
The petitioner filed a Special Civil Application seeking relief in connection with Family Suit No. 82 of 2022. The Family Court had dismissed the family suit for default on 22 October 2024. The petitioner submitted the judgment as evidence, and the High Court examined whether the pending application could continue. The Court held that, with the family suit dismissed, the petition had become infructuous and therefore could not proceed. Consequently, the petition was disposed of, the earlier interim relief was vacated, but the petitioner was given liberty to revive the petition if the family suit is restored.
Issues considered
- The effect of the dismissal of the underlying family suit on the pending Special Civil Application
Subjects
- family law
- default judgment
- special civil application
- infructuous petition
- interim relief
Judgment
C/SCA/14916/2024 ORDER DATED: 10/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14916 of 2024
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KALPESHKUMAR AMRATBHAI NAI
Versus
FALGUNIBEN D/O MAFATLAL GOHIL
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Appearance:
MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1
MR ANKIT Y BACHANI(5424) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/03/2026
ORAL ORDER
Learned advocate for the petitioner places on record
photocopy of the judgment dated 22.10.2024 passed by the
learned Family Court, Palanpur, whereby Family Suit NO.82
of 2022 has been dismissed for default. Said copy is taken on
record.
Accordingly, present petition stands disposed of as
having become infructuous reserving liberty in favour of the
petitioner to revive the petition in case the family suit is
restored. Notice discharged. Interim relief granted earlier
stands vacated.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 10/03/2026 14:16:20
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