High Court of Gujarat

RAMESHCHANDRA JIVANDAS RATANGHARYAversusSTATE OF GUJARAT

Disposal: 31-NOTICE DISCHARGED @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Rameshchandra Jivandas Ratangharya, filed a special civil application in 2019 before the High Court of Gujarat. The matter was listed twice, but the petitioner failed to appear on both occasions. The Court observed the petitioner’s non‑appearance as a failure to prosecute the petition. Consequently, the petition was dismissed and the notice discharged, with any interim relief vacated. The Court noted that a future restoration application, if filed, may be entertained subject to conditions including costs.

Issues considered

Whether the petition can be proceeded with despite the petitioner’s failure to appear?

Subjects

Civil Procedure CodeNon‑prosecutionDismissalRestoration application

Judgment

         C/SCA/4177/2019                                                               ORDER DATED: 16/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 4177 of 2019

=============================================
                  RAMESHCHANDRA JIVANDAS RATANGHARYA
                                 Versus
                        STATE OF GUJARAT & ANR.
=============================================
Appearance:
MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1
MS FORUM SUKHADWALA, AGP for the Respondent(s) No. 1
MR. BHARGAV V PANDYA(7103) for the Respondent(s) No. 2
=============================================

  CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                             Date : 16/01/2026
                                              ORAL ORDER

1.         The         matter           was         called          out        twice,          however,              none
remained present for the petitioner. The matter is of the year
2019.


2.         In view of the above, the present petition is dismissed
for non-prosecution. Notice is discharged. Interim relief, if
any, stands vacated.


3.         It is hereby observed that if any restoration application
will be ?led by the petitioner in this petition, same shall be
entertained by the Court on imposing appropriate condition,
including cost.


                                                                               (MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 16/01/2026 15:06:11




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