High Court of Gujarat

ALIMAHAMAD SULEMANBHAI GANCHIversusSTATE OF GUJARAT

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

Holding

A petition is dismissed for want of prosecution when the petitioner’s counsel fails to appear and no adjournment is requested.

Summary

The petitioners filed Special Civil Application No. 19000 of 2022 before the High Court of Gujarat seeking relief against the State of Gujarat. The petition was listed for hearing, but the petitioners' counsel, Mr. Dhal M. Barot, failed to appear on the second call. No request for adjournment was made on their behalf. The Court held that the petition stood dismissed for default due to want of prosecution. Consequently, the notice issued was discharged and the interim relief previously granted was vacated.

Issues considered

Whether a petition may be dismissed for want of prosecution when the petitioner’s counsel fails to appear and no adjournment is sought?

Subjects

defaultdismissalspecial civil applicationinterim reliefnotice dischargehigh court

Judgment

               C/SCA/19000/2022                                                     ORDER DATED: 21/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SPECIAL CIVIL APPLICATION NO.                                   19000 of 2022

       =======================================================
                 ALIMAHAMAD SULEMANBHAI GANCHI & ORS.
                                 Versus
                        STATE OF GUJARAT & ORS.
       =======================================================
       Appearance:
       MR DHAVAL M BAROT for the Petitioner(s) No. 1,2,3,4,5
       MS HEMANI SHAH AGP/PP for the Respondent(s) No. 1
       DS AFF.NOT FILED (N) for the Respondent(s) No.
       10,2,4,5,6,7,8,9
       HARSHESH R KAKKAD(7813) for the Respondent(s) No. 3
       =======================================================

           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. Interim relief stands vacated.



                                                                          (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 14:23:53




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