High Court of Gujarat

UNION OF INDIAversusPRATIMA W/O RAKESH DALVI (W/O DECEASED)

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

Holding

If service of notice to Respondent No.3 is not effected by 27 April 2026, the proceedings shall be dismissed for default.

Summary

The Union of India filed a first appeal (No. 3106 of 2024) challenging a civil application for stay filed by Pratima w/o Rakesh Dalvi and others. The primary procedural issue was the service of notice to Respondent No.3, which had not been served. The Court directed the appellant’s counsel to effect service of the unserved respondent by 27 April 2026, warning that failure to do so would result in dismissal of the proceedings for default. The Court also ordered that the interim relief previously granted continue until 30 April 2026. No substantive merits of the dispute were addressed; the order was purely procedural.

Issues considered

Whether service of notice to Respondent No.3 is required for the continuation of the proceedings
Consequences of failure to serve the notice on Respondent No.3

Subjects

service of processdefault dismissalinterim reliefstay orderprocedural order

Judgment

              C/FA/3106/2024                                              ORDER DATED: 17/03/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 3106 of 2024

                                            With
                        CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
                             In R/FIRST APPEAL NO. 3106 of 2024
      ==========================================================
                                 UNION OF INDIA
                                     Versus
                 PRATIMA W/O RAKESH DALVI (W/O DECEASED) & ORS.
      ==========================================================
      Appearance:
      MRS KRISHNA G RAWAL(1315) for the Appellant(s) No. 1
      NOTICE SERVED for the Defendant(s) No. 1,2
      NOTICE UNSERVED for the Defendant(s) No. 3
      ==========================================================

        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                             Date : 17/03/2026

                                                   ORDER
               Learned advocate for the appellant shall take necessary
      steps with regard to unserved respondent No.3 on or before
      27.04.2026, failing which, the present proceedings shall stand
      dismissed for default without referring the matter to the
      Court.

               Stand over to 30.04.2026. Interim relief, granted earlier,
      to continue till then.

                                                                                      (J. C. DOSHI,J)
      MANOJ



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR(HC01092), PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 13:39:55




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