High Court of Gujarat

RASESH BHARATKUMAR SHAHversusHETAL W/O RASESH SHAH D/O DILIPBHAI KUMBHANI

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The petition is dismissed for want of prosecution.

Summary

Rasesh Bharatkumar Shah filed a special civil application against Hetal, the wife of Rasesh Shah and daughter of Dilipbhai Kumbhani, seeking relief. The petition was listed on the board multiple times, but the petitioner's counsel, Mr. Hitendra D. Rajput, failed to appear on several occasions and had previously taken time. The court observed that the advocate appeared disinterested in prosecuting the case further. Consequently, the court dismissed the petition for want of prosecution. The order also vacated any interim relief that had been granted earlier.

Issues considered

Whether the petition should be dismissed for want of prosecution due to repeated non-appearance of counsel?

Subjects

civil procedurewant of prosecutioninterim relief vacatedpetition dismissal

Judgment

             C/SCA/3357/2024                                                           ORDER DATED: 24/03/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/SPECIAL CIVIL APPLICATION NO. 3357 of 2024

     ==========================================================
                             RASESH BHARATKUMAR SHAH
                                       Versus
                    HETAL W/O RASESH SHAH D/O DILIPBHAI KUMBHANI
     ==========================================================
     Appearance:
     MR.HITENDRA D RAJPUT(7224) for the Petitioner(s) No. 1
     ==========================================================

        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                   Date : 24/03/2026

                                                           ORDER


               The matter is listed on board various times.                                                When the
     matter is called out, learned advocate for the petitioner is absent.
     Earlier also, learned advocate for the petitioner has taken time.
     Hence, it appears that learned advocate for the petitioners is not
     interested in prosecuting the matter any further. Hence, present
     petition stands dismissed for want of prosecution. Interim relief,
     if any, granted earlier stands vacated forthwith.



                                                                                                     (J. C. DOSHI,J)
     SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 24/03/2026 16:56:32




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