High Court of Gujarat

LEGAL HEIRS OF DECEASED HARISINGHBHAI BIKHABHAI VAGHELAversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: DIVYESH A JOSHI

Holding

The petition is dismissed for default for non‑prosecution.

Summary

The legal heirs of the deceased Harisinghbhai Bikhabhai Vaghela filed a special civil application against the State of Gujarat. The petitioners' power of attorney holder expired and notice could not be served, prompting the court to re‑issue notice. The bailiff reported that one petitioner had died while the others were served, but none of the petitioners appeared in court or engaged counsel. The court observed that the petitioners showed no interest in pursuing the matter. Consequently, the petition was dismissed for default due to non‑prosecution and the notice was discharged.

Issues considered

What is the appropriate disposition when petitioners fail to appear or prosecute after notice has been served?

Subjects

default judgmentcivil procedurenotice servicenon‑prosecutionpetition dismissed

Judgment

   C/SCA/12406/2016                                     ORDER DATED: 16/07/2026




   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/SPECIAL CIVIL APPLICATION NO.                  12406 of 2016

=======================================================
                LEGAL HEIRS OF DECEASED
         HARISINGHBHAI BIKHABHAI VAGHELA & ORS.
                         Versus
                STATE OF GUJARAT & ORS.
=======================================================
Appearance:
ADVOCATE NOTICE SERVED for the Petitioner(s) No.
1.2,1.3,1.4,1.5.1,1.5.2,1.5.3,1.5.4
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESENTATIVES for the
Petitioner(s) No. 1,1.5
UNSERVED EXPIRED (N) for the Petitioner(s) No. 1.1
MS HEMALI SONI AGP for the Respondent(s) No. 1
MR GM JOSHI(370) for the Respondent(s) No.
5.1,5.2,5.3,5.4,5.5.1,5.5.2,5.5.3,5.5.4,5.5.5
MR TRILOK J PATEL(658) for the Respondent(s) No.
4,4.1,4.2,4.3,4.4,4.5,4.6,4.7,4.8,4.9
NOTICE SERVED for the Respondent(s) No. 1,2,3
=======================================================

  CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                          Date : 16/07/2026

                              ORAL ORDER

       It appears from the record that since the Power of
Attorney     Holder     of   the     petitioners         has     expired          and
notice could not be served upon him, by an order dated
19.06.2026, this Court again issued notice upon the
petitioners.
       Pursuant to issuance of notice, concerned Bailiff
has submitted report before this Hon’ble Court to the
effect that the petitioner no.1.1 has expired, whereas
rest    of   the      petitioners       have     been     served.        However
despite service of notice, neither the petitioners have
engaged advocate nor they have remained present, which



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            C/SCA/12406/2016                                                      ORDER DATED: 16/07/2026




     clearly goes on to show that they are not interested in
     pursuing the matter.
               Thus in view of the above facts of the case, the
     present petition stands dismissed for default for non-
     prosecution. Notice 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 16/07/2026 17:30:43




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