High Court of Gujarat

CHAUHAN RASILABEN HASMUKHBHAIversusSTATE OF GUJARAT

Decided: 6 February 2026
Disposal: RULE ISSUED AND PARTLY ALLOWED
Bench: MAULIK SHELAT

Holding

The petition is dismissed for non‑prosecution due to the petitioner's failure to appear.

Summary

The petitioner filed a Special Civil Application No. 17078 of 2018 seeking relief against the State of Gujarat and others. The matter was listed for hearing twice, but the petitioner failed to appear on both occasions. Consequently, the Court dismissed the petition for non‑prosecution and discharged the notice. Any interim relief previously granted was vacated. The Court observed that a fresh restoration application could be filed, subject to conditions and costs.

Issues considered

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

Subjects

Civil Procedure
Non‑appearance
Dismissal for non‑prosecution
Interim relief
Restoration application

Judgment

          C/SCA/17078/2018                                                                ORDER DATED: 16/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 17078 of 2018

  =============================================
                           CHAUHAN RASILABEN HASMUKHBHAI
                                        Versus
                               STATE OF GUJARAT & ORS.
  =============================================
  Appearance:
  MR BN LIMBACHIA(3454) for the Petitioner(s) No. 1
  MR. NISARG D SHAH(7299) for the Petitioner(s) No. 1
  MS FORUM SUKHADWALA, AGP for Respondent State
  MR UM SHASTRI(830) for the Respondent(s) No. 6
  NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5
  =============================================

    CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                               Date : 16/01/2026
                                                ORAL ORDER

  1.         The         matter           was         called          out        twice,          however,              none
  remained present for the petitioner. The matter is of the year
  2018.


  2.         In view of the above, the present petition is dismissed
  for non-prosecution. Notice is discharged. Interim relief, if
  any, stands vacated.


  3.         It is hereby observed that if any restoration application
  will be ?led by the petitioner in this petition, same shall be
  entertained by the Court on imposing appropriate condition,
  including cost.


                                                                                 (MAULIK J. SHELAT, J)
  GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 16/01/2026 15:05:57




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