High Court of Gujarat

EXECUTIVE ENGINEER (NARMADA PROJECT)versusPATEL SHASHIKANTH SHAMALBHAI

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

Holding

The appeal is dismissed for want of prosecution.

Summary

The Executive Engineer (Narmada Project) filed a first appeal (No. 5177 of 2010) against Patel Shashikanth Shamalbhai and another party. The appellant was served with an advocate notice but failed to appear in court, either personally or through counsel, despite the matter being listed on the board multiple times. The respondent was represented by Advocate Mr. Deep D. Vyas. The High Court observed that the appellant's continued absence indicated a lack of interest in prosecuting the appeal. Consequently, the court dismissed the appeal for want of prosecution.

Issues considered

Whether an appeal may be dismissed for want of prosecution due to the appellant's failure to appear despite being served notice

Subjects

appealwant of prosecutionprocedural defaultdismissalcourt order

Judgment

                C/FA/5177/2010                                                           ORDER DATED: 23/04/2026




                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/FIRST APPEAL NO. 5177 of 2010

       ==========================================================
                             EXECUTIVE ENGINEER (NARMADA PROJECT)
                                             Versus
                              PATEL SHASHIKANTH SHAMALBHAI & ANR.
       ==========================================================
       Appearance:
       ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
       MR DEEP D VYAS(3869) for the Defendant(s) No. 1
       RULE SERVED for the Defendant(s) No. 2
       ==========================================================

          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                     Date : 23/04/2026

                                                             ORDER


                  The matter is listed on board various times.                                                    Though
       advocate notice is served to the appellant, the appellant has
       remained absent either through himself or represented by any
       advocate. Hence, it appears that the appellant is not interested
       in prosecuting the matter any further. Under the circumstances,
       present First Appeal stands dismissed for want of prosecution.



                                                                                                       (J. C. DOSHI,J)
       SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 23/04/2026 14:49:28




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