High Court of Gujarat

MANGALBHAI GOVINDBHAI CHAUHAN C/O. GOVINDBHAI AMRABBHAI HARIJANversusSPECIAL SECRETARY REVENUE DEPARTMENT

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

Holding

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

Summary

The petitioner, Mangalbhai Govindbhai Chauhan, filed a Special Civil Application before the High Court of Gujarat seeking relief against the Special Secretary Revenue Department and others. The petitioner’s counsel, Mr. Aum M. Kotwal, failed to appear for the hearing even on the third call. No request for adjournment was made by the petitioner’s side. The Court observed that the petitioner had not prosecuted the petition and therefore could not be allowed to continue. Consequently, the petition was dismissed for default, the notice was discharged, and any interim relief that had been granted was vacated.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for a hearing without seeking an adjournment?

Subjects

defaultcivil procedureinterim reliefpetition dismissal

Judgment

               C/SCA/18703/2016                                                     ORDER DATED: 07/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SPECIAL CIVIL APPLICATION NO.                                   18703 of 2016

       =======================================================
                     MANGALBHAI GOVINDBHAI CHAUHAN
                   C/O. GOVINDBHAI AMRABBHAI HARIJAN
                                 Versus
             SPECIAL SECRETARY REVENUE DEPARTMENT & ORS.
       =======================================================
       Appearance:
       MR AUM M KOTWAL(7320) for the Petitioner(s) No. 1
       MS HEMALI SONI AGP for the Respondent(s) No. 1,2,3
       =======================================================

           CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                              Date : 07/08/2026

                                                     ORAL ORDER

                 Even in third call, when the matter was called

       out, neither learned advocate for the petitioner has

       remained             present           nor       anyone          has       made        request            for

       adjournment. Hence in the fact of the present case, the

       present petition stands dismissed for default for want

       of prosecution. Notice is discharged. Interim relief,

       if any, stands vacated.



                                                                          (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 07/08/2026 13:07:03




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