High Court of Gujarat

DHOLIBEN AMRABHAI RATHVA SINE DECEASED THROUGH HER LEGAL HEIRSversusSTATE OF GUJARAT

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

Holding

The Court dismissed the petition for non‑prosecution as the petitioner’s counsel failed to appear and no adjournment was sought.

Summary

The petitioners, represented by the legal heirs of the deceased Dholiben Amrabhai Rathva, filed a Special Civil Application against the State of Gujarat. The petition was listed twice, but the petitioner’s counsel, Ms. Nidhi P. Barot, failed to appear on both occasions and did not request any adjournment. The respondents, represented by Mr. Siddharth Desai and Mr. Umarfaruk M. Kharadi, were present. The Court noted the absence of the petitioner’s advocate and the lack of any request for a pass‑over or adjournment. Consequently, the Court dismissed the petition for non‑prosecution and vacated any interim relief that may have been granted. The order also discharged any pending notice or rule.

Issues considered

Whether the petition can proceed in the absence of the petitioner’s counsel without an adjournment request?
Whether dismissal for non‑prosecution is appropriate under the circumstances.

Subjects

civil procedurenon‑prosecution dismissalspecial civil applicationcourt procedureadjournment

Judgment

        C/SCA/6330/2015                                                                ORDER DATED: 06/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 6330 of 2015

==========================================================
DHOLIBEN AMRABHAI RATHVA SINE DECEASED THROUGH HER LEGAL
                       HEIRS & ORS.
                          Versus
                 STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS.NIDHI P BAROT(6675) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 5,6
MR. SIDDHARTH DESAI, LD. ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 10,15,17,19,2,21,22,23,3,4,7,8
UMARFARUK M KHARADI(8155) for the Respondent(s) No.
11,12,13,14,16,18,5.1,5.2,6.1,6.2,6.3,6.4,9
UNSERVED EXPIRED (R) for the Respondent(s) No. 20
==========================================================

  CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                Date : 06/02/2026

                                                   ORAL ORDER
          The         matter           is      called          out       twice,          however,               learned
advocate appearing for the petitioners does not remain
present. Neither any request for pass over nor adjournment is
prayed for on his behalf. Hence, the matter is dismissed for
non-prosecution.                     Notice/Rule,                 if     any,         stands            discharged.
Interim relief, if any, stands vacated.




                                                                                        (DIVYESH A. JOSHI,J)
VAHID

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 15:12:28




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