SAYRA ASRAFKHAN PATHAN (SAYRABIBI D/O. AHMEDBHAI PATEL)versusASRAFKHAN WAHIDKHAN PATHAN
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
Holding
The application for condonation of delay is dismissed for default, and the main revision application does not survive.
Summary
The petitioner filed a criminal miscellaneous application seeking condonation of delay in a revision proceeding dated 2025. No counsel appeared on behalf of the petitioner during the hearing, indicating a lack of interest in pursuing the matter. The court observed that the application remained pending for an extended period and the petitioner had not prosecuted the case. Consequently, the court dismissed the condonation application for default due to want of prosecution. As a result, the main revision application was also deemed not to survive.
Issues considered
- Whether a condonation of delay application can be entertained when the petitioner fails to appear and prosecute the case.
Subjects
Judgment
R/CR.MA/5332/2025 ORDER DATED: 20/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION
OF DELAY) NO. 5332 of 2025
In F/CRIMINAL REVISION APPLICATION/5734/2025
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SAYRA ASRAFKHAN PATHAN (SAYRABIBI D/O.
AHMEDBHAI PATEL)
Versus
ASRAFKHAN WAHIDKHAN PATHAN & ORS.
================================================
Appearance:
KHUSHBU H DANECHA(7099) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
O I PATHAN(7684) for the Respondent(s) No. 1,3,4
MR PRANAV DHAGAT, APP for the Respondent(s) No. 5
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 20/02/2026
ORAL ORDER
When the matter is called out, none is present on behalf of
the applicant. The matter is of 2025 and still on the stage of delay
condonation. It appears that the applicant is no more interested in
the matter. Hence, this application for condonation of delay is
dismissed for default, for want of prosecution. Notice is
discharged.
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R/CR.MA/5332/2025 ORDER DATED: 20/02/2026
In view of application for condonation of delay is dismissed
for default, main revision application does not survive.
[ P. M. Raval, J. ]
hiren/DB/1/6tss20226
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/02/2026 14:16:53
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