High Court of Gujarat

DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION)versusRATILAL ANANDBHAI LADANI

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The court held that if the rule is not served to the unserved respondent by the stipulated deadline, the proceedings will be dismissed for default.

Summary

The Deputy Collector (Land Acquisition and Rehabilitation) filed a first appeal seeking condonation of delay in the proceedings. The respondent, identified as an unserved party, had not been served with the required rule of court. The High Court set a deadline of 4 May 2026 for service of the rule to the unserved respondent, warning that failure to do so would result in dismissal of the proceedings for default. The order further stipulated that if service is not effected by 7 May 2026, the registration of the first appeal would be refused. No substantive merits of the condonation request were addressed; the court focused solely on procedural compliance. The order was signed by Justice J.C. Doshi and the Principal Private Secretary of the High Court.

Issues considered

Whether the failure to serve the rule to the respondent warrants dismissal of the proceedings for default
Whether condonation of delay can be granted without proper service of the rule

Subjects

service of processcondonation of delaydefault dismissalcivil procedurefirst appeal

Judgment

            C/CA/5146/2025                                                           ORDER DATED: 13/04/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5146 of
                                 2025

                                      In F/FIRST APPEAL/29898/2025

   ==========================================================
         DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
                          (IRRIGATION) & ANR.
                                 Versus
                       RATILAL ANANDBHAI LADANI
   ==========================================================
   Appearance:
   MS HEMALI SONI, AGP for the Applicant(s) No. 1,2
   UNSERVED EXPIRED (R) for the Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 13/04/2026

                                                         ORDER


              Cause           list      shows           that       rule        is     unserved              to      sole
   respondent. If the rule is not served to unserved respondent
   on or before 4.5.2026, present proceedings shall stand
   dismissed for default without referring the matter to the
   Court. In the event of not serving the unserved respondents
   on or before next date, registration of First Appeal shall stand
   refused. S.O. to 7.5.2026.



                                                                                                   (J. C. DOSHI,J)
   SHEKHAR P. BARVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 13/04/2026 14:23:22




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