High Court of Gujarat

MUKUL HIRJIBHAI PATELversusSTATE OF GUJARAT

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

Holding

A petition is dismissed for want of prosecution when the petitioner fails to appear, indicating no intention to continue the proceeding.

Summary

The petitioner, Mukul Hirjibhai Patel, filed a Special Civil Application before the High Court of Gujarat. During the second call, the petitioner’s counsel was absent, indicating the petitioner’s lack of intention to pursue the proceedings. The court noted that such absence amounted to a failure to prosecute the petition. Consequently, the court held that the petition could not be allowed to continue. The petition was therefore dismissed for want of prosecution. The rule was discharged, and no further orders were made.

Issues considered

Whether a petition can be dismissed for default due to the petitioner’s failure to appear and prosecute the case

Subjects

defaultcivil procedurepetition dismissalwant of prosecution

Judgment

             C/SCA/17311/2016                                                     ORDER DATED: 08/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/SPECIAL CIVIL APPLICATION NO.                                   17311 of 2016

      =======================================================
                        MUKUL HIRJIBHAI PATEL
                                Versus
                      STATE OF GUJARAT & ORS.
      =======================================================
      Appearance:
      MR HITESH N ACHARYA(2302) for the Petitioner(s) No. 1
      MR SIDDHARTH DESAI AGP for the Respondent(s) No. 1
      NOTICE SERVED BY DS for the Respondent(s) No.
      1,2,3,4,5,6,7,8,9
      =======================================================

         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 14:35:54




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