High Court of Gujarat

CHATURBHAI DEVJIBHAI DALVADI (CHAVHAN)versusDEPUTY COLLECTOR WADHAVAN

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: DIVYESH A JOSHI

Holding

The petition is dismissed for default due to the petitioner’s failure to appear and prosecute the suit.

Summary

The petitioner, Chaturbhai Devjibhai Dalvadi (Chavhan), filed a special civil application before the High Court of Gujarat. The petitioner’s counsel was absent for the second hearing, indicating a lack of intention to pursue the matter. The court noted that the petitioner’s non‑appearance amounted to a want of prosecution. Consequently, the court held that the petition could not be continued. The petition was therefore dismissed for default and the rule was discharged. No substantive merits of the petition were examined.

Issues considered

Whether the petition can be proceeded with in the absence of the petitioner’s counsel?
Whether the petition should be dismissed for want of prosecution?

Subjects

defaultcivil procedurepetition dismissalhigh courtprosecution

Judgment

             C/SCA/20927/2016                                                      ORDER DATED: 08/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/SPECIAL CIVIL APPLICATION NO.                                   20927 of 2016

      =======================================================
               CHATURBHAI DEVJIBHAI DALVADI (CHAVHAN)
                               Versus
                  DEPUTY COLLECTOR WADHAVAN & ORS.
      =======================================================
      Appearance:
      MR HITESH N ACHARYA(2302) for the Petitioner(s) No. 1
      DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
      the Respondent(s) No. 3,3.1
      MS HIMANI SHAH AGP for the Respondent(s) No. 1,2
      K M JADEJA(7521) for the Respondent(s) No. 4,5,6
      MINESH D ERINPURIA(8512) for the Respondent(s) No. 3.1.1,3.1.3
      MR BHAVIK R SAMANI(8339) for the Respondent(s) No. 4,5,6
      MR. HARDIK Y KOTHARI(6895) for the Respondent(s) No.
      3.1.1,3.1.3
      RULE SERVED for the Respondent(s) No. 3.1.2
      =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 08/04/2026

                                                    ORAL ORDER

                Even        in     second          call,         learned          advocate            for       the

      petitioner is absent, which shows that he does not wish

      to continue with the present proceeding.

                Hence, the present petition stands dismissed for

      default for want of prosecution. Rule 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 08/04/2026 14:39:41




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