High Court of Gujarat

BAHADURSINH RANJITSINH SOLANKIversusSTATE OF GUJARAT

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: DIVYESH A JOSHI

Holding

The petition is dismissed for default due to the petitioner’s failure to appear and prosecute.

Summary

In a Special Civil Application filed by Bahadursinh Ranjitsinh Solanki against the State of Gujarat and others, the petitioner failed to appear for the second hearing. The petitioner’s absence was interpreted as a lack of intention to pursue the proceedings. The court noted that the petition had not been prosecuted and therefore could not continue. Consequently, the court dismissed the petition for default. The rule governing the petition was discharged, bringing the matter to an end.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and prosecute a civil application?

Subjects

defaultcivil procedurepetition dismissalnon-prosecutionhigh court order

Judgment

         C/SCA/11916/2008                                                      ORDER DATED: 08/04/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/SPECIAL CIVIL APPLICATION NO.                                   11916 of 2008

  =======================================================
               BAHADURSINH RANJITSINH SOLANKI
                           Versus
                  STATE OF GUJARAT & ORS.
  =======================================================
  Appearance:
  MR NIRAD D BUCH(4000) for the Petitioner(s) No. 1
  MR Y S JOSHI(3991) for the Petitioner(s) No. 1
  DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
  for the Respondent(s) No. 10
  MR JAY TRIVEDI AGP for the Respondent(s) No. 1
  MR MEHUL S SHAH(772) for the Respondent(s) No.
  10.1,10.2,11,12,7,8
  RULE SERVED for the Respondent(s) No. 2,3,4,5,6
  UNSERVED EXPIRED (R) for the Respondent(s) No. 9
  =======================================================

      CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                         Date : 08/04/2026

                                                ORAL ORDER

            Even        in     second          call,         learned          advocate            for       the

  petitioner is absent, which shows that he does not wish

  to continue with the present proceeding.

            Hence, the present petition stands dismissed for

  default for want of prosecution. Rule is discharged.



                                                                     (DIVYESH A. JOSHI, J.)

  Gautam
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 08/04/2026 15:14:16




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