High Court of Gujarat

DHINGABHAI MERMANBHAI KOLIversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: MAULIK SHELAT

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear.

Summary

The petitioner, Dhingabhai Mermanbhai Koli, filed a special civil application before the High Court of Gujarat. The petitioner’s counsel appeared but the petitioner himself did not attend any of the two scheduled hearings. The Court noted that despite being called out twice, no petitioner was present. Consequently, the Court applied the procedural rule that a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear. The order dismissed the petition, discharged the notice, and vacated any interim relief that had been granted. The decision underscores the requirement of petitioner participation for the continuation of proceedings.

Issues considered

Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear at the scheduled hearings?

Subjects

writ petitionnon‑prosecutioncivil procedureinterim reliefdismissal

Judgment

          C/SCA/5523/2018                                                                  ORDER DATED: 05/03/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 5523 of 2018

 ==========================================================
                                     DHINGABHAI MERMANBHAI KOLI
                                                Versus
                                       STATE OF GUJARAT & ORS.
 ==========================================================
 Appearance:
 MR AR THACKER(888) for the Petitioner(s) No. 1
 SHIVANG A THACKER(7424) for the Petitioner(s) No. 1
 MS DHRUTI PANDYA, ASSISTANT GOVERNMENT PLEADER for the
 Respondent(s) No. 1,2,3
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                   Date : 05/03/2026

                                                      ORAL ORDER


            Though twice the matter was called out, none present for the

 petitioner. Accordingly, the present writ petition is dismissed for non-

 prosecution. Notice is discharged. Interim relief, if any, stands

 vacated forthwith.




                                                                                             (MAULIK J.SHELAT,J)
 NILESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 05/03/2026 14:34:14




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