High Court of Gujarat

MAGANBHAI DURLABHBHAI PATELversusVITTHALBHAI SUKHABHAI PATEL

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

Holding

The court held that non‑filing of the required D.S. affidavits by the stipulated date will result in dismissal of the proceedings for default.

Summary

In First Appeal No. 4680 of 2022, the appellant Maganbhai Durlabhai Patel sought relief against respondents. The court noted that D.S. affidavits for numerous respondents had not been filed in the appeal. It directed that if these affidavits are not filed by 27 April 2026, the proceedings will be dismissed for default. The order further adjourned the matter to 30 April 2026 for compliance. No substantive merits of the dispute were addressed, focusing solely on procedural compliance.

Issues considered

Whether the failure to file D.S. affidavits for the respondents warrants dismissal of the appeal for default

Subjects

procedural lawdefault judgmentaffidavit filingcivil procedure

Judgment

            C/FA/4680/2022                                              ORDER DATED: 27/03/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/FIRST APPEAL NO. 4680 of 2022

                                          With
                      CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                           In R/FIRST APPEAL NO. 4680 of 2022
    ==========================================================
                                MAGANBHAI DURLABHBHAI PATEL
                                           Versus
                             VITTHALBHAI SUKHABHAI PATEL & ORS.
    ==========================================================
    Appearance:
    MR PREMAL S RACHH(3297) for the Appellant(s) No. 1
    HIREN R PANDYA(8760) for the Defendant(s) No. 17,18,19
    NOTICE ISSUED BY PUBLICATION for the Defendant(s) No.
    10.1,10.3,11,12,13,14,15
    REFUSED SERVED (R)(70) for the Defendant(s) No. 3.1,3.2,3.3,3.4,4,5,6
    RULE SERVED for the Defendant(s) No.
    1.3,1.4,1.5,16,1.6,20,21,2.1,22,2.2,23,2.3,24,2.4.1,2.4.2,25,7.2,7.3,7.4,7.5
    RULE UNSERVED for the Defendant(s) No. 10.2
    UNSERVED EXPIRED (R) for the Defendant(s) No. 1.1,1.2,7.1,8,9
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                           Date : 27/03/2026

                                                 ORDER

              The Cause list shows that D.S. Affidavit for respondent
    Nos. 1.1–1.5, 1.6, 2.4.1, 2.4.2 – 3.3, 3.4, 4, 6-7.4, 7.5, 10, 10.2,
    16- 24 & 25 are not filed in this appeal. If the D.S. Affidavits
    are      not      filed,     on      or     before         27.04.2026,          the      present
    proceedings shall stand dismissed for default without further
    reference to the Court.


             Stand over to 30.04.2026.

                                                                                     (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 27/03/2026 18:41:51




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