High Court of Gujarat

PRAVINSINH NATHUSINH VAGHELAversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: DIVYESH A JOSHI

Holding

The petition is dismissed for default as the petitioner failed to appear and prosecute the suit.

Summary

The petitioners filed a Special Civil Application before the High Court of Gujarat. During the second call, the petitioner's counsel was absent, indicating a lack of intention to continue the proceedings. The court observed that the petitioner's absence amounted to a default for want of prosecution. Consequently, the court dismissed the petition and discharged the rule. No substantive merits of the petition were examined.

Issues considered

Whether the petition can be proceeded with despite the petitioner's failure to appear and prosecute the application?

Subjects

default judgmentcivil procedurepetition dismissalspecial civil applicationhigh court

Judgment

              C/SCA/5460/2014                                                     ORDER DATED: 08/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/SPECIAL CIVIL APPLICATION NO.                                    5460 of 2014

      =======================================================
                PRAVINSINH NATHUSINH VAGHELA & ORS.
                               Versus
                      STATE OF GUJARAT & ORS.
      =======================================================
      Appearance:
      MR KV SHELAT(834) for the Petitioner(s) No. 1,2,2.1
      DECEASED LITIGANT for the Respondent(s) No. 4,5
      MS HIMANI SHAH AGP for the Respondent(s) No. 1,2,3
      NOTICE SERVED BY DS for the Respondent(s) No. 4.1,5.1
      =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 08/04/2026

                                                    ORAL ORDER

                Even       in      second          call,        learned           advocate            for      the

      petitioners 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 15:16:07




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