High Court of Gujarat

GONDAL NAGARPALIKAversusREGIONAL COMMISSIONER OF MUNICIPALITY

Disposal: 60-DISMISSED FOR DEFAULT @ ADMISSION STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed for default for non‑compliance with the court’s restoration order, and earlier interim relief is vacated.

Summary

The High Court of Gujarat dismissed a special civil application filed by Gondal Nagarpalika after it had earlier been dismissed for want of prosecution. The petitioner subsequently filed a miscellaneous civil application seeking restoration, which the court allowed on the condition that the petitioner deposit the costs. The petitioner’s counsel, Mr. Yatin Soni, failed to comply with the cost‑deposit condition and did not appear before the court thereafter. In view of this non‑compliance, the court dismissed the petition for default and discharged the notice. Any interim relief that had been granted earlier was vacated. The order was dated 16 January 2026.

Issues considered

Whether a petition dismissed for want of prosecution can be restored on condition of cost deposit
Whether failure to comply with the restoration order justifies dismissal for default
Effect of non‑compliance on previously granted interim relief

Subjects

civil procedurerestoration of dismissed petitiondefault judgmentcost depositinterim relief vacatedprocedural default

Judgment

         C/SCA/4145/2023                                                   ORDER DATED: 16/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 4145 of 2023

  ===============================================================
                          GONDAL NAGARPALIKA
                                 Versus
               REGIONAL COMMISSIONER OF MUNICIPALITY & ANR.
  ===============================================================
  Appearance:
  ADVOCATE NOTICE SERVED for the Petitioner(s) No. 1
  MS SWEETY SAMARA AGP for the Respondent(s) No. 1
  ===============================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                                           Date : 16/01/2026

                                             ORAL ORDER


           Earlier this petition was dismissed for want of prosecution.
  Thereafter Mr. Yatin Soni, learned counsel had                                       led the Misc.
  Civil Application for restoration which came to be allowed and
  the matter was ordered to be restored on condition to deposit
  the cost. But it seems that the order was not complied with by
  Mr.Soni, learned counsel and thereafter, he never appeared
  before this Court.

           In view of above, the present petition is hereby dismissed
  for default for non-compliance of the judicial order passed by this
  Court. Notice discharged. Interim relief, if any, granted earlier
  stands vacated forthwith.

                                                                (HEMANT M. PRACHCHHAK,J)
  ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/01/2026 14:35:29




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