High Court of Gujarat

RASHMITABEN BHARATBHAI DAVversusBHARATBHAI DESURBHAI DAV

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: ILESH VORAR T VACHHANI

Holding

The application is dismissed for want of prosecution.

Summary

The applicant filed a condonation of delay application in a civil suit but failed to appear before the court as the advocate representing the applicant was absent. The court noted the lack of prosecution and dismissed the application. The judges reserved liberty to file a fresh application if necessary. No substantive merits of the delay were considered. The order was pronounced orally on 17 July 2026.

Issues considered

Whether the application for condonation of delay should be dismissed for want of prosecution due to the applicant's advocate's absence

Subjects

condonation of delaydismissal for want of prosecutioncivil procedure

Judgment

          C/CA/4985/2025                                                                    ORDER DATED: 17/07/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                       4985 of 2025
            In F/CROSS OBJECTION/27481/2025
                In R/FIRST APPEAL/38/2025
=========================================
              RASHMITABEN BHARATBHAI DAV
                           Versus
                BHARATBHAI DESURBHAI DAV
=========================================
Appearance:
MR SAMRAT R UPADHYAY(11939) for the Applicant(s) No. 1
ADITYA A GUPTA(7875) for the Respondent(s) No. 1
=========================================
 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
        and
        HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                Date : 17/07/2026

                    ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


            When matter was called out, learned advocate appearing for
applicant did not remain present to assist the court. Hence, present
application stands dismissed for want of prosecution. Liberty is
reserved to file a fresh application, if need so arise.



                                                                                                (ILESH J. VORA,J)



                                                                                           (R. T. VACHHANI, J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/07/2026 16:54:22




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