High Court of Gujarat

SULTANMIYA HUSSAINMIYA SHAIKHversusSTATE OF GUJARAT

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

Holding

The petition is dismissed for default for want of prosecution.

Summary

The petitioners, Sultanmiya Hussainmiya Shaikh and another, filed a special civil application before the High Court of Gujarat. The petition was scheduled for hearing, but the petitioner's counsel was absent for the second call. The court inferred that the petitioners did not wish to pursue the proceeding. Consequently, the court dismissed the petition for default due to want of prosecution. The notice issued to the respondents was discharged. No substantive merits of the petition were considered.

Issues considered

Whether the petition can continue in the absence of the petitioner's counsel?
Whether the petition should be dismissed for default for want of prosecution?

Subjects

default judgmentcivil procedurepetition dismissedhigh court order

Judgment

              C/SCA/15909/2018                                                     ORDER DATED: 08/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/SPECIAL CIVIL APPLICATION NO.                                   15909 of 2018

       =======================================================
                 SULTANMIYA HUSSAINMIYA SHAIKH & ANR.
                                Versus
                       STATE OF GUJARAT & ORS.
       =======================================================
       Appearance:
       MR ANIL C THAKORE(2324) for the Petitioner(s) No. 1,2
       MR JAY TRIVEDI AGP for the Respondent(s) No. 1
       MR DHARMESH R PATEL(5592) for the Respondent(s) No.
       11,12,15,16,17,18,19,20,6,8,9
       NOTICE SERVED for the Respondent(s) No. 2,3,4,5
       UNSERVED EXPIRED (N) for the Respondent(s) No.
       10,13,14,7
       =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 08/04/2026

                                                    ORAL ORDER

                Even        in      second         call,         learned           advocate           for       the

       petitioners 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. 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 08/04/2026 15:15:19




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