High Court of Gujarat

MARIYAM ISMAIL DELAIRversusLEGAL HEIRS OF ISMAILE MUSABHAI KIKA

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

Holding

A petition is dismissed for default where the petitioner fails to prosecute the suit and the counsel does not appear.

Summary

The petitioners, Mariyam Ismail Delaire & others, filed a Special Civil Application before the Gujarat High Court against the legal heirs of Ismaile Musabhai Kika & others. The petition required prosecution and representation by counsel. The petitioner’s advocate, Mr. Imtiyaj M. Kureshi, failed to appear even on the second call. The Court observed that the petition had not been prosecuted and there was a want of prosecution. Consequently, the Court dismissed the petition for default and discharged the notice. No substantive merits of the dispute were addressed.

Issues considered

Whether a petition may be dismissed for default due to the petitioner’s failure to prosecute and the counsel’s non‑appearance?

Subjects

defaultcivil procedurepetition dismissalspecial civil applicationnotice discharge

Judgment

               C/SCA/180/2018                                                     ORDER DATED: 12/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/SPECIAL CIVIL APPLICATION NO.                                   180 of 2018

       =======================================================
                     MARIYAM ISMAIL DELAIR & ORS.
                                 Versus
             LEGAL HEIRS OF ISMAILE MUSABHAI KIKA & ORS.
       =======================================================
       Appearance:
       MR IMTIYAJ M KURESHI(5301) for the Petitioner(s) No.
       1,2,3,4,5,6,7,8
       M/S.VYAS ASSOCIATES(1559) for the Respondent(s) No. 8
       MR. BHAUMIK DHOLARIYA(7009) for the Respondent(s) No. 5,6
       MR. SHALIN J PATEL(14556) for the Respondent(s) No. 8
       NOTICE NOT RECD BACK for the Respondent(s) No.
       10,1.1,1.2,1.4,1.5,2,3.1,3.2,3.3,3.4,3.5,4,9
       MS HIMANI SHAH AGP for the Respondent(s) No.
       11,12,13,4.1,4.2,7
       NOTICE UNSERVED for the Respondent(s) No. 4.3,4.4
       =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 12/06/2026

                                                    ORAL ORDER

                Even in second call, learned advocate, Mr. Kureshi

       has not remained present. 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 12/06/2026 14:29:41




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