KALUBHAI NATHABHAI OTIYA (PATEL)versusSTATE OF GUJARAT
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- DIVYESH A JOSHI
Holding
The petition is dismissed for default for want of prosecution.
Summary
The petitioner, Kalubhai Nathabhai Otiya (Patel), filed a Special Civil Application before the High Court of Gujarat seeking relief against the State of Gujarat and other respondents. The petition was listed for hearing, but the petitioner's counsel, Mr. Girish M. Das, failed to appear on the second call. No request for adjournment was made by the petitioner or any representative. The Court observed that the petitioner had not prosecuted the petition and therefore could not be allowed to proceed. Consequently, the Court dismissed the petition for default due to want of prosecution. The notice issued to the respondents was also discharged.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear for a scheduled hearing without seeking an adjournment?
Subjects
Judgment
C/SCA/15433/2022 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15433 of 2022
=======================================================
KALUBHAI NATHABHAI OTIYA (PATEL)
Versus
STATE OF GUJARAT & ORS.
=======================================================
Appearance:
MR GIRISH M DAS(2323) for the Petitioner(s) No. 1
MS HEMALI SONI AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,5,6,7,8
=======================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 21/07/2026
ORAL ORDER
Even in second call, when the matter was called
out, neither learned advocate for the petitioners has
not remained present nor anyone has requested for
adjournment on his behalf. Hence, the present petition
stands dismissed for default for want of prosecution.
Notice is discharged.
(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 21/07/2026 14:24:12
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