High Court of Gujarat

ALKABEN JAGDISHBHAI CHAUHANversusCHENVA DILIPBHAI ISHWARBHAI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The Court dismissed the applications and appeals for want of prosecution due to the applicant's non‑appearance.

Summary

The High Court of Gujarat heard a civil application for condonation of delay and several connected first appeals filed by Alkaben Jagdishbhai Chauhan and others against Chenva Dilipbhai Ishwarbhai and others. The applicants' counsel failed to appear despite the matter being called out multiple times in two sessions. The Court held that the applications and appeals could not proceed without prosecution. Consequently, the Court dismissed the applications and appeals for want of prosecution and vacated any interim relief. The connected civil applications, if any, were also disposed of as the main matters did not survive.

Issues considered

What is the appropriate consequence when the applicant's counsel fails to appear despite repeated calls in court?

Subjects

dismissal for want of prosecutionnon‑appearance of counselcivil procedurecondonation of delayHigh Court of Gujarat

Judgment

     C/CA/3735/2025                              ORDER DATED: 18/12/2025




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                      3735 of 2025

                 In F/FIRST APPEAL NO. 20520 of 2025

                             With
             R/FIRST APPEAL NO. 3146 of 2025
                             With
             R/FIRST APPEAL NO. 3580 of 2023
                             With
             R/FIRST APPEAL NO. 4038 of 2023
                             With
             R/FIRST APPEAL NO. 4129 of 2023
                             With
             R/FIRST APPEAL NO. 4128 of 2023
                             With
              R/FIRST APPEAL NO. 981 of 2024
============================================
            ALKABEN JAGDISHBHAI CHAUHAN & ORS.
                             Versus
            CHENVA DILIPBHAI ISHWARBHAI & ORS.
============================================
Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1,2,3
MASUMI V NANAVATY(9321) for the Respondent(s) No. 3
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
MS. AAFRIN SAIYED(14171) for the Respondent(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 4,5
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                         Date : 18/12/2025

                            ORAL ORDER


      The matter(s) is/are called out twice in first session, even in the
second session the matter(s) is/are called out twice, but the learned
Advocates for the appellants have not remained present.
      Hence, present application / appeals are dismissed for want of
prosecution.


                                Page 1 of 2
         C/CA/3735/2025                                                             ORDER DATED: 18/12/2025




          Notice if any is discharged. Interim relief, if any, stands vacated.
          Since the main matters itself do not survive the connected civil
application(s), if any, are disposed of accordingly.




                                                                           (HASMUKH D. SUTHAR,J)

ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 19/12/2025 18:05:15




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