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High Court of Gujarat

NIRMALKUMAR RAMANLAL SHAHversusKUDEEPSHING PALVINDARSHING JAT SARDAR

Disposal
43-DISMISSED FOR DEFAULT @ FH

Holding

The appeal is dismissed for default due to non‑appearance of counsel for both parties.

Summary

The petitioners Nirmalkumar Ramanlal Shah & Anr filed a first appeal (No.174 of 2015) before the Gujarat High Court against respondents Kudeepshing Palvindarshing Jat Sardar & Ors. The appellant was represented by Mr. Ruturaj Nanavati, while the respondent was represented by Mr. Palak H. Thakkar. The Court had previously adjourned the matter on 12 January 2026 noting that no counsel had appeared. On 10 February 2026, once again no party appeared before the Court. Consequently, the Court exercised its power to dismiss the appeal for default, ordering the matter dismissed. The order was signed by Justice J.L. Odedra and recorded by the private secretary.

Issues considered

  • What is the appropriate consequence when neither party appears before the Court for a scheduled hearing?

Subjects

default judgmentnon‑appearancecivil proceduredismissal for defaulthigh court order

Judgment

        C/FA/174/2015                                                 ORDER DATED: 10/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                       R/FIRST APPEAL NO. 174 of 2015
================================================================
                 NIRMALKUMAR RAMANLAL SHAH & ANR.
                               Versus
            KUDEEPSHING PALVINDARSHING JAT SARDAR & ORS.
================================================================
Appearance:
MR RUTURAJ NANAVATI(5624) for the Appellant(s) No. 1,2
DELETED for the Defendant(s) No. 1
DISMISSED FOR NON PROSECUTION for the Defendant(s) No. 2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
================================================================
  CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                        Date : 10/02/2026
                                         ORAL ORDER

         On last occasion, vide order dated 12.01.2026, this Court

had noted that none of the advocate for the parties had

appeared before this Court. In the said order, was indicated

that as a matter of last chance, the matter was being

adjourned.



         Today also, none appears for the parties. Hence, the
matter stands dismissed for default.


                                                                               (J. L. ODEDRA, J)



Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 13:42:18




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