High Court of Gujarat

DISTRICT DEVELOPMENT OFFICERversusM P KAREN - THRO LEGAL HEIRS

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: MAULIK SHELAT

Holding

The petition is dismissed for want of prosecution.

Summary

The District Development Officer and another filed a Special Civil Application in 2009 against the legal heirs of M P Karen. The petition was listed as an oldest matter and remained pending for many years. On hearing, the petitioner’s counsel was not present. The Court observed that the case had been pending for an inordinate period and, having no prosecution, could not be continued. Consequently, the Court dismissed the petition for want of prosecution, discharging the rule. No substantive merits of the dispute were addressed.

Issues considered

What is the appropriate remedy when a civil petition remains unprosecuted for an extended period?

Subjects

civil proceduredismissal for want of prosecutionspecial civil applicationdelay in litigationcourt order

Judgment

        C/SCA/3121/2009                                                 ORDER DATED: 02/07/2025




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 3121 of 2009

 ==========================================================
                      DISTRICT DEVELOPMENT OFFICER & ANR.
                                      Versus
                       M P KAREN - THRO LEGAL HEIRS & ORS.
 ==========================================================
 Appearance:
 MR RB THAKOR(6743) for the Petitioner(s) No. 1,2
 DECEASED LITIGANT for the Respondent(s) No. 1
 MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No. 1.1,1.2,1.3
 ==========================================================

   CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                         Date : 02/07/2025
                                          ORAL ORDER


          When the matter is called out, learned advocate for the

 petitioner is not present.



          The matter is of the year 2009 and is specially fixed

 matter as oldest matter and listed on the board, this Court

 has no other option but to dismiss the matter for want of

 prosecution.


          Hence, the present petition is dismissed for want of

 prosecution. Rule stands discharged.


                                                                       (SANDEEP N. BHATT,J)
 DIWAKAR SHUKLA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIWAKAR SHUKLA(HC01778), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2025 17:58:25




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