GHANSYAMBHAI PARSOTTAMBHAI PATELversusPRAVINBHAI MAGANBHAI AMIN
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- C DOSHI
Holding
First Appeal No. 4290 of 2018 was dismissed for non‑prosecution and the related stay application was disposed of, with permission granted to serve respondents by e‑mail in the vacating interim relief application.
Summary
The High Court noted that an advocate notice served on the appellants in First Appeal No. 4290 of 2018 returned indicating that one appellant had died and the other had been served but failed to appear. Consequently, the court dismissed the appeal for non‑prosecution and ordered the return of the record and pleadings to the lower court. In view of this disposal, the related Civil Application for Stay No. 1 of 2018 was also deemed not to survive and was disposed of. The court entertained a request by Advocate Mr. Pradeep Patel, appearing for the applicants in the Civil Application for Vacating Interim Relief No. 1 of 2022, allowing service of the unserved respondents by e‑mail. The order was dated 10 August 2026 and a further hearing was scheduled for 22 September 2026.
Issues considered
- Whether First Appeal No. 4290 of 2018 should be dismissed for non‑prosecution
- Whether the connected Civil Application for Stay No. 1 of 2018 survives after the main appeal is dismissed
- Whether service of unserved respondents may be effected by e‑mail
Subjects
Judgment
C/FA/1950/2018 ORDER DATED: 10/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1950 of 2018
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2022
In R/FIRST APPEAL NO. 1950 of 2018
With
R/FIRST APPEAL NO. 4290 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In R/FIRST APPEAL NO. 4290 of 2018
==========================================================
AMRISHBHAI VITTHALBHAI PATEL (DECD THRU LEGAL HEIRS) & ORS.
Versus
PRAVINBHAI MAGANBHAI AMIN & ORS.
==========================================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Appellant(s) No. 1
DS AFFIDAVIT NOT FILED (FOR FRESH ADVOCATE NOTICE)(4504) for
the Appellant(s) No. 1.2,1.3
NOTICE THROUGH SPEED POST UNSERVED for the Appellant(s) No. 1.3
RICHA SHAH(7541) for the Appellant(s) No. 1.1
MR PRADEEP PATEL(642) for the Defendant(s) No. 1,2,3
RULE SERVED for the Defendant(s) No. 4,5
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/08/2026
COMMON ORDER
1. Advocate notice issued to the appellants in First
Appeal No. 4290 of 2018 has come back with the
endorsement that appellant No.2 has expired and appellant
No.1 is duly served, but, no one has put-in appearance for
and on behalf of appellant No.1.
1.1 In view of the above First Appeal No. 4290 of 2018
stands dismissed for non-prosecution. R&P, if any, be sent
back to the concerned Court.
Page 1 of 2
C/FA/1950/2018 ORDER DATED: 10/08/2026
1.2 In view of the disposal of the main matter, the
connected application, being Civil Application (For Stay) No.
1 of 2018 shall not survive and the same also stands
disposed of, accordingly.
2. The request made by learned advocate, Mr. Pradeep
Patel, appearing for the applicants in Civil Application (For
Vacating Interim Relief) No. 1 of 2022 in First Appeal No.
1950 of 2018 is acceded to and he is permitted to serve the
unserved respondents through E-mail.
3. S.O. to 22nd September, 2026.
(J. C. DOSHI,J)
UMESH/-
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 10/08/2026 15:56:30
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