High Court of Gujarat

DESAI KANUBHAI GOKALBHAIversusPARMAR MANUBHAI KESRISINH

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: C DOSHI

Holding

The appeal is dismissed for non‑prosecution due to the appellant's failure to appear.

Summary

An appeal (First Appeal No. 2136 of 2011) was filed by Desai Kanubhai Gokalbhai against Parmar Manubhai Kesrisinh in the Gujarat High Court. The court served an advocate notice to the appellant, but no representative appeared before the bench. Consequently, the court dismissed the appeal on the ground of non‑prosecution. The order also vacated any interim relief that had been previously granted and directed that the records and proceedings be sent back. No substantive merits of the dispute were addressed due to the procedural default.

Issues considered

Whether an appeal may be dismissed for non‑prosecution when the appellant fails to appear after service of notice?

Subjects

appealnon‑prosecutiondismissalinterim reliefhigh court procedure

Judgment

           C/FA/2136/2011                                                          ORDER DATED: 10/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 2136 of 2011

 ==========================================================
                                    DESAI KANUBHAI GOKALBHAI
                                              Versus
                                   PARMAR MANUBHAI KESRISINH
 ==========================================================
 Appearance:
 ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
 HCLS COMMITTEE(4998) for the Defendant(s) No. 1
 MR KARMANYASINGH V RORE(10920) for the Defendant(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 10/04/2026

                                                       ORDER


            Advocate notice for appellant is though served, none
 remained present. In view of the same, the appeal stands
 dismissed for non-prosecution. Interim relief if any granted
 earlier shall stand vacated. Records and Proceeding is
 ordered to be sent back.

                                                                                                 (J. C. DOSHI,J)
 MISHRA AMIT V.

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 10/04/2026 18:51:39




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