High Court of Gujarat

BHAGUBHAI NARSIBHAI PATELversusCOLLECTOR

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

Holding

The petition is dismissed for want of prosecution due to the petitioner's default.

Summary

Petitioners Bhagubhai Narsibhai Patel & Ors. filed a Special Civil Application against the Collector & Ors. The petitioner's counsel was absent for the second hearing, indicating a lack of intention to pursue the case. No substantive arguments or evidence were presented. The Court held that the petition could not proceed due to the petitioner's failure to prosecute. Consequently, the petition was dismissed for default and the rule was discharged.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for a scheduled hearing and shows no intention to prosecute the case?

Subjects

default judgmentcivil procedurespecial civil applicationpetition dismissedwant of prosecution

Judgment

               C/SCA/456/2008                                                     ORDER DATED: 08/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/SPECIAL CIVIL APPLICATION NO.                                   456 of 2008

       =======================================================
                   BHAGUBHAI NARSIBHAI PATEL & ORS.
                                 Versus
                           COLLECTOR & ORS.
       =======================================================
       Appearance:
       MR UTPAL M PANCHAL for the Petitioner(s) No. 1,2,3,4
       ADVOCATE NOTICE NOT RECD BACK for the Respondent No. 2
       MR SIDDHARTH DESAI AGP for the Respondent(s) No. 1
       RULE SERVED for the Respondent(s) No. 3
       =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 08/04/2026

                                                    ORAL ORDER

                Even        in      second         call,         learned           advocate           for       the

       petitioners 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 14:50:31




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