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High Court of Gujarat

VINODCHANDRA BHAVANJI GALIAversusWIDOW BHANUMATI TALAKSHI SHAH

Disposal
37-DISMISSED FOR DEFAULT @ ADMISSION
Bench
C DOSHI

Holding

The court set a final deadline of 27‑April‑2026 for service of notice, after which the matter will be dismissed if compliance is not achieved.

Summary

The appellants Vinodchandra BhavanjI Galia & Anr filed multiple appeals and civil applications before the Gujarat High Court. The court observed that notices to several respondents (Nos. 5, 6, 7, 9, and 10) had either not been served or not returned, and no further steps were taken to effect service. The judge granted a final opportunity to complete service and comply with procedural requirements, fixing 27‑April‑2026 as the last date. The order warned that failure to meet this deadline would result in dismissal of the matter without further reference to the court. The matter was listed for hearing on 30‑April‑2026.

Issues considered

  • Whether the failure to serve or receive notice from the respondents warrants dismissal of the appeals and applications.

Subjects

service of noticeprocedural defaultcivil proceduredismissalhigh court order

Judgment

                            C/SA/614/2022                                                        ORDER DATED: 05/03/2026




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/SECOND APPEAL NO. 614 of 2022

                                                      With
                              CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2022
                                       In R/SECOND APPEAL NO. 614 of 2022
                                                      With
                                         R/SECOND APPEAL NO. 348 of 2021
                                                      With
                                   CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                       In R/SECOND APPEAL NO. 348 of 2021
                  ==========================================================
                                         VINODCHANDRA BHAVANJI GALIA & ANR.
                                                      Versus
                                        WIDOW BHANUMATI TALAKSHI SHAH & ORS.
                  ==========================================================
                  Appearance:
                  MR AR THACKER(888) for the Appellant(s) No. 1,2
                  NOTICE NOT RECD BACK for the Respondent(s) No. 10,7,9
                  NOTICE THROUGH RPAD UNSERVED for the Respondent(s) No. 6
                  NOTICE UNSERVED for the Respondent(s) No. 5
                  UNSERVED WANT OF TIM for the Respondent(s) No. 1,2,3,4,8
                  ==========================================================

                     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                               Date : 05/03/2026

                                                                  ORAL ORDER


                            Notice is not received back from respondents 7,9 and
                  10. Notice is not served to respondent No. 5 and not served
                  through RPAD to respondent No.6. However, it seems that
                  no steps have been taken to do so.
                            Last opportunity has been granted.

                            In view of above, last date is granted till 27.04.2026,
                  failing which the matter shall stand dismissed without
                  reference to this Court.
                            List on 30.04.2026.

                                                                                                                (J. C. DOSHI,J)
                  MARY VADAKKAN


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 16:36:28
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