High Court of Gujarat

LAXMANBHAI RANGNATHBHAI HARIJAN DECEASEDversusPATEL HARIJAN MULJIBHAI HARJIBHAI DECEASED THRO I

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

Holding

The application was dismissed for default due to the petitioners' failure to appear, and interim relief was vacated.

Summary

The petitioners, Laxmanbhai Rangnathbhai Harijan Deceased & Ors., filed a Special Civil Application before the Gujarat High Court. No counsel appeared on behalf of the petitioners even on the second call. The court noted that the petitioners had failed to prosecute the suit. In the interest of justice, the judge dismissed the application for default due to want of prosecution. Consequently, the rule was discharged and any interim relief that had been granted was vacated.

Issues considered

Whether the petitioners' failure to appear warrants dismissal of the application for default
Whether interim relief, if any, should be vacated upon dismissal

Subjects

default judgmentcivil procedurespecial civil applicationinterim reliefdismissal for want of prosecution

Judgment

       C/SCA/16548/2014                                                       ORDER DATED: 16/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 16548 of 2014
==========================================================
       LAXMANBHAI RANGNATHBHAI HARIJAN DECEASED & ORS.
                               Versus
   PATEL HARIJAN MULJIBHAI HARJIBHAI DECEASED THRO I & ORS.
==========================================================
Appearance:
MR VALMIK M VYAS(6178) for the Petitioner(s) No.
1,1.1,1.2,1.3,1.4,1.5,2,3,4
MR. RAHUL DAVE, AGP for the Respondent(s) No. 3
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1.1,1.2,1.3,2
RULE SERVED for the Respondent(s) No. 4
==========================================================
  CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                           Date : 16/07/2026

                                              ORAL ORDER


          Even in the second call, none appeared on behalf of the
petitioners. Hence, in the larger interest of justice, the matter is
dismissed for default for want of prosecution. Rule is discharged.
Interim relief, if any, stands vacated.




                                                                          (DIVYESH A. JOSHI,J)
GARVITA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GARVITA KACHHWAHA(HC02358), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/07/2026 17:51:38




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