High Court of Gujarat

GADHVI SHAMBHUDAN HEMANTSANGversusDEPUTY COLLECTOR

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

Holding

The petitions were dismissed for default for want of prosecution.

Summary

The petitioner failed to appear for the second hearing of his special civil applications, indicating a lack of intention to pursue the matters. The court noted the petitioner’s absence as a default in prosecution. Consequently, the court dismissed both applications for want of prosecution. The order also discharged the rule issued earlier. No substantive merits of the petitions were considered.

Issues considered

Whether a petition can be dismissed for default due to the petitioner’s failure to appear at the hearing

Subjects

default judgmentcivil procedurepetition dismissal

Judgment

           C/SCA/2643/2009                                                      ORDER DATED: 08/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/SPECIAL CIVIL APPLICATION NO. 2643 of 2009
                              With
          R/SPECIAL CIVIL APPLICATION NO. 2656 of 2009
    =======================================================
                  GADHVI SHAMBHUDAN HEMANTSANG
                             Versus
                    DEPUTY COLLECTOR & ORS.
    =======================================================
    Appearance:
    MR JV JAPEE(358) for the Petitioner(s) No. 1
    MS HIMANI SHAH AGP for the Respondent(s) No. 3
    RULE SERVED for the Respondent(s) No. 1,2
    =======================================================

       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 proceedings.

             Hence, the present petitions stand 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 15:15:03




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