High Court of Gujarat

PRANALINA D/O PRAFFULCHANDRA DEEPAKversusSANJAY BACHUBHAI SHARMA

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The petition was dismissed for want of prosecution.

Summary

In Special Civil Application No. 8494 of 2025, petitioner Pranalina filed a petition against respondent Sanjay Sharma. The petitioner’s counsel, Ms. Niyati H. Sampat, was absent when the matter was called, and the respondent failed to file a DS affidavit by the stipulated deadline of 8 June 2026. The court had previously warned that failure to file the affidavit would result in dismissal for default. Since the situation persisted, the court concluded that the petitioner was not interested in prosecuting the case further. Consequently, the petition was dismissed for want of prosecution and the notice was discharged.

Issues considered

Whether the petition should be dismissed for want of prosecution due to the petitioner’s counsel’s absence and the respondent’s failure to file the required DS affidavit?

Subjects

civil proceduredefault judgmentwant of prosecutionspecial civil applicationDS affidavit

Judgment

             C/SCA/8494/2025                                                           ORDER DATED: 11/06/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/SPECIAL CIVIL APPLICATION NO. 8494 of 2025
     ==========================================================
                           PRANALINA D/O PRAFFULCHANDRA DEEPAK
                                           Versus
                                SANJAY BACHUBHAI SHARMA
     ==========================================================
     Appearance:
     MS NIYATI H SAMPAT(5841) for the Petitioner(s) No. 1
     DS AFFIDAVIT NOT FILED (FOR FRESH NOTICE)(4501) for the
     Respondent(s) No. 1
     ==========================================================
        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                   Date : 11/06/2026

                                                           ORDER
               On 30.4.2026, this Court passed following order.

                      “When the matter is called out, learned advocate Ms.
                      Nayati H. Sampat is absent.

                      Cause list shows that DS affidavit is not filed for
                      respondent No.1. If the DS affidavit qua respondent
                      NO.1 is not filed on or before 8.6.2026, present
                      proceedings shall stand dismissed for default without
                      referring the matter to the Court.           S.O. to
                      11.6.2026.”


               Same scenario is continued today. Hence, it appears that
     learned advocate for the petitioner is not interested in
     prosecuting the matter any further. Hence, present petition
     stands dismissed for want of prosecution. Notice discharged.



                                                                                                     (J. C. DOSHI,J)
     SHEKHAR P. BARVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 11/06/2026 16:46:51




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