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Supreme Court of India

DIVYESH A JOSHI

58 judgments delivered by benches including this judge.

OPTIMIZE INFRACONversusGUJARAT REAL ESTATE APPELLATE TRIBUNAL THROUGH REGISTRAR

37-DISMISSED FOR DEFAULT @ ADMISSION

Optimize Infracom filed a RERA appeal against the Gujarat Real Estate Appellate Tribunal seeking interim relief. The court, after reviewing the bailiff's report, found that it could not serve notice on the appellant because no information about him was available. With neither the appellant nor his counsel present, the

PRAVINSINH HEMANTSINH ZALAversusSTATE OF GUJARAT

26-DISMISSED @ ADM.STAGE

Petitioner Pravinsinh Hemantsinh Zala filed a Special Civil Application seeking interim relief against the State of Gujarat and others. The petitioner’s counsel informed the court that Respondent No.5 had already instituted a suit for specific performance, which was dismissed, and an appeal was pending in which an inju

MANISH KIRITKUMAR SHAHversusGUJARAT REAL ESTATE REGULATORY AUTHORITY

53-ALLOWED / GRANTED @ ADM.STAGE

Manish Kiritkumar Shah and another filed an application before the Gujarat High Court seeking condonation of an 11‑day delay in filing their appeal under the Gujarat Real Estate Regulatory Authority (RERA) proceedings. The court examined the averments made in the application regarding the reasons for the delay. No subs

NATHAJI JAVANJI THAKOREversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The petitioners challenged two orders – one dated 13‑10‑2007 by the Collector and another dated 29‑10‑2009 by the Sub‑Divisional Revenue Officer – which allowed a private respondent’s appeal and consequently led to the cancellation of land allotted to the petitioners. They contended that the authorities denied them a p

PRAVINSINH NATHUSINH VAGHELAversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

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 c

CHANDANSINGH PADAMSINGH CHAMPAVAT @ THAKOREversusTHE STATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

The petitioners Chandansingh Padamsingh Champavat and others filed a miscellaneous civil application seeking restoration of Special Civil Application No. 11589/2008. The State of Gujarat and other respondents opposed the restoration. Both sides presented submissions before the High Court of Gujarat. After considering t

KALUBHAI NATHABHAI OTIYA (PATEL)versusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioner, Kalubhai Nathabhai Otiya (Patel), filed a Special Civil Application before the High Court of Gujarat seeking relief against the State of Gujarat and other respondents. The petition was listed for hearing, but the petitioner's counsel, Mr. Girish M. Das, failed to appear on the second call. No request fo

SUZAINA FOODS PVT. LTD.versusSTATE OF GUJARAT

27-WITHDRAWN @ ADM.STAGE

Suzaina Foods Pvt. Ltd. filed Special Civil Application No. 11229 of 2014 before the High Court of Gujarat. The petitioner later communicated that it no longer wished to pursue the proceedings and sought permission to withdraw the application, retaining the liberty to file a fresh one if needed. The court considered th

ALIMAHAMAD SULEMANBHAI GANCHIversusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioners filed Special Civil Application No. 19000 of 2022 before the High Court of Gujarat seeking relief against the State of Gujarat. The petition was listed for hearing, but the petitioners' counsel, Mr. Dhal M. Barot, failed to appear on the second call. No request for adjournment was made on their behalf.

BUDHABHAI MATHURBHAI CHAUHANversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners' counsel died during the pendency of the proceedings. Despite service of an advocate notice, the petitioners neither appeared in person nor through another counsel. The court found it could not proceed without any assistance from the petitioners. Consequently, the matter was dismissed for non‑prosecutio

MOHMMEDKHANJI ABDULHAMIDKHANJI (KHADIA DARBAR)versusTHE SECRETARY (APPEALS)

53-ALLOWED / GRANTED @ ADM.STAGE

Mohammedkhanji Abdulhamidkhanji (Khadia Darbar) filed an application seeking restoration of Special Civil Application No.10640/2012 against the Secretary (Appeals) and others. The applicant argued that the petition should be reinstated to its original file. The court examined the grounds presented in the restoration ap

MAHENDRA RANCHHODBHAIversusSTATE OF GUJARAT

DISPOSED AS INFRUCTUOUS

The petitioners filed a special civil application before the Gujarat High Court seeking relief, while parallel proceedings were pending before the Gujarat Revenue Tribunal. During the hearing, the petitioners informed the Court that the Revenue Tribunal had already disposed of the matters, rendering the subject of the

GADHVI SHAMBHUDAN HEMANTSANGversusDEPUTY COLLECTOR, RADHANPUR

53-ALLOWED / GRANTED @ ADM.STAGE

The petitioner, Gadhvi Shambhudan Hemantsang, filed a miscellaneous civil application (C/MCA/1790/2026) seeking restoration of Special Civil Application No. 2643/2009, which had previously been removed from the court's file. The respondents, the Deputy Collector, Radhanpur and others, opposed the restoration. Both part

GADHVI DHIRUDAN GULABSANGversusDEPUTY COLLECTOR, RADHANPUR

53-ALLOWED / GRANTED @ ADM.STAGE

The applicant filed a miscellaneous civil application seeking restoration of Special Civil Application No.2656/2009. The Deputy Collector, Radhanpur and others opposed the restoration. Both sides presented arguments before the High Court of Gujarat. The court, after considering the submissions, found merit in the appli

BHIKIBEN D/O DAHYABHAI DAMJIBHAIversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

The petitioners, Bhikiben D/o Dahyabhai Damjibhai & Ors., filed a miscellaneous civil application seeking condonation of a 227‑day delay in filing a restoration application. The respondents, the State of Gujarat & Ors., were served with the application. The parties reached a broad consensus that the delay should be con

LEGAL HEIRS OF DECEASED HARISINGHBHAI BIKHABHAI VAGHELAversusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The legal heirs of the deceased Harisinghbhai Bikhabhai Vaghela filed a special civil application against the State of Gujarat. The petitioners' power of attorney holder expired and notice could not be served, prompting the court to re‑issue notice. The bailiff reported that one petitioner had died while the others wer

GABHA MALA RABARIversusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioner, Gabha Mala Rabari, filed Special Civil Application No. 13991 of 2016 before the High Court of Gujarat. The petitioner failed to appear for the hearing despite being served notice. The Court, noting the absence of any representation on the petitioner's part, considered the larger interest of justice. It

PRESIDENT / SECRETARY - SHRI GNYAN KIRAN DHODIYA MANDALversusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioners filed a special civil application before the High Court of Gujarat. No counsel appeared on behalf of the petitioners even on the second call. The Court, considering the larger interest of justice, dismissed the petition for default due to lack of prosecution. The rule/notice issued earlier was discharge

JAINUM PROCON PVT. LTD.versusGUJARAT REAL ESTATE REGULATORY AUTHORITY

37-DISMISSED FOR DEFAULT @ ADMISSION

Jainum Procon Pvt. Ltd. appealed against Gujarat Real Estate Regulatory Authority and others under the Gujarat RERA regime. The appellant's counsel failed to appear for the third scheduled hearing and made no alternative arrangements. The court observed that the appellant appeared unwilling to pursue the matter further

GADHVI SHAMBHUDAN HEMANTSANGversusDEPUTY COLLECTOR

43-DISMISSED FOR DEFAULT @ FH

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

GADHVI DHIRUDAN GULABSANGversusDEPUTY COLLECTOR

43-DISMISSED FOR DEFAULT @ FH

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

MARIYAM ISMAIL DELAIRversusLEGAL HEIRS OF ISMAILE MUSABHAI KIKA

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioners, Mariyam Ismail Delaire & others, filed a Special Civil Application before the Gujarat High Court against the legal heirs of Ismaile Musabhai Kika & others. The petition required prosecution and representation by counsel. The petitioner’s advocate, Mr. Imtiyaj M. Kureshi, failed to appear even on the se

RAJLAXMI W/O RANJEETKUMAR SINGHversusSTATE OF GUJARAT

27-WITHDRAWN @ ADM.STAGE

The petitioners Rajlaxmi and another filed a criminal miscellaneous application seeking quash of FIR/Order No. 7406 of 2026. During the pendency, the investigating officer filed a charge‑sheet before the competent court. The petitioners, through counsel, requested permission to withdraw the application without prejudic

RANJIT JETUBHAI DHANDHALversusSTATE OF GUJARAT

27-WITHDRAWN @ ADM.STAGE

The applicant filed a criminal miscellaneous application seeking quashing of an FIR/order and later moved the court for permission to withdraw the same. The learned counsel for the applicant requested that the application be withdrawn at this stage of the proceedings. The court considered whether such a withdrawal coul

JIVRAJBHAI NARAYANBHAI VAATUKIYAversusSTATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

The High Court of Gujarat considered an application for condonation of delay filed by Jivrajbhai Narayanbhai Vaatukiya. The applicant sought permission to amend the draft of the application. The court examined whether such an amendment was permissible under procedural rules. After hearing the parties, the court allowed

M/S RATNAKAR SALT WORKS LTDversusSTATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

M/s Ratnakar Salt Works Ltd & Anr filed a miscellaneous civil application (C/MCA/1034/2026) seeking restoration of Special Civil Application No.7886/2008. The State of Gujarat & Ors opposed the request. The High Court examined whether the earlier special civil application could be reinstated to its original file. After

PUSHPABEN VELJIBHAI SHETAversusSTATE OF GUJARAT

40-WITHDRAWN @ FH

Petitioners Pushpaben Veljibhai Sheta and Anr filed a Special Civil Application against the State of Gujarat and others, seeking relief. During the hearing, petitioner’s counsel submitted an additional affidavit showing that the Mamlatdar and Assistant Labour Commissioner in Surat had issued an order on 08‑12‑2025 regu

MANGALBHAI SHANABHAI THAKORversusHIRUBHAI RANCHODBHAI THAKOR

53-ALLOWED / GRANTED @ ADM.STAGE

Mangalbhai Shanabhai Thakor filed a miscellaneous civil application seeking restoration of Special Civil Application No.13647/2022 against Hirubhai Ranchodbhai Thakor and others. The applicant argued that the original matter should be reinstated in the court file. The respondent opposed the restoration. The learned cou

RAMESHBHAI BABUBHAI PATELversusJAYANTIBHAI BIJALBHAI TALPADA

53-ALLOWED / GRANTED @ ADM.STAGE

The petitioner filed a special civil application seeking to set aside the abatement of a petition concerning the deceased respondent No.5. The filing of this application was delayed by 138 days. The petitioner submitted an application for condonation of this delay, asserting sufficient reasons for the lapse. The Court

LEGALHEIRS OF RASIKLAL PRANSHANKER RAVALversusSTATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

The legal heirs of Rasiklal Pranshanker Raval filed a miscellaneous civil application (No.958 of 2026) seeking restoration of a pending Special Civil Application No.6571/2008. The respondents, the State of Gujarat and others, opposed the restoration. The applicants argued that the earlier application had been erroneous

HARIBHAI CHELABHAI VANKARversusSTATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

Haribhai Chelabhai Vankar and others filed a miscellaneous civil application seeking restoration of Special Civil Application No.12115/2018 against the State of Gujarat. The applicants argued for reinstatement of the main matter, and the court considered their submissions and averments. The High Court, after hearing co

ASHOKBHAI BHANABHAI PATELversusSTATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

Ashokbhai Bhanabhai Patel filed a special civil application (No.12207/2017) seeking restoration of the matter before the High Court of Gujarat. The State of Gujarat and other respondents opposed the restoration. The applicant’s counsel submitted that the application warranted restoration, and the court considered the a

CHTURBHAI DEVJIBHAI DALVADI (CHAVHAN)versusDEPUTY COLLECTOR, WADHAVAN

53-ALLOWED / GRANTED @ ADM.STAGE

The petitioner, Chturbhai Devjibhai Dalvadi, filed a miscellaneous civil application seeking restoration of Special Civil Application No.20927/2016. The respondents, including the Deputy Collector, opposed the restoration. The petitioner’s counsel submitted that the application warranted reinstatement, and the court co

SHAMBHUBHAI J. PRAJAPATI (TRANSPOSED AS RESPONDENT NO.8)versusTHE STATE OF GUJARAT

36-MCA DISPOSED OF

The applicants, Shambhubhai J. Prajapati & ors., filed a miscellaneous civil application seeking restoration of Special Civil Application No. 27447 of 2007, which had been dismissed for default due to non‑prosecution. The respondents opposed the restoration. The Court examined the submissions and noted that the dismiss

BHAGUBHAI NARSIBHAI PATELversusCOLLECTOR

43-DISMISSED FOR DEFAULT @ FH

Petitioners Bhagubhai Narsibhai Patel & Ors. filed a Special Civil Application against the Collector & Ors. The petitioner's counsel was absent for the second hearing, indicating a lack of intention to pursue the case. No substantive arguments or evidence were presented. The Court held that the petition could not proce

M/S STANDARD SALT WORKS LTDversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners filed multiple special civil applications before the High Court of Gujarat. During the second call, the petitioners' counsel was absent, indicating a lack of intention to pursue the proceedings. The Court held that the petitions could not proceed due to want of prosecution. Consequently, the petitions w

SAGAR SALT & ALLIED INDUSTRIESversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners filed multiple special civil applications before the High Court of Gujarat. During the second call, the petitioners' counsel was absent, indicating a lack of intention to pursue the proceedings. The Court held that the petitions could not proceed due to want of prosecution. Consequently, the petitions w

M/S RATNAKAR SALT WORKSversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners filed multiple special civil applications before the High Court of Gujarat. During the second call, the petitioners' counsel was absent, indicating a lack of intention to pursue the proceedings. The Court held that the petitions could not proceed due to want of prosecution. Consequently, the petitions w

M/S YUVRAJ INDUSTRIES LTDversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners filed multiple special civil applications before the High Court of Gujarat. During the second call, the petitioners' counsel was absent, indicating a lack of intention to pursue the proceedings. The Court held that the petitions could not proceed due to want of prosecution. Consequently, the petitions w

BAHADURSINH RANJITSINH SOLANKIversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

In a Special Civil Application filed by Bahadursinh Ranjitsinh Solanki against the State of Gujarat and others, the petitioner failed to appear for the second hearing. The petitioner’s absence was interpreted as a lack of intention to pursue the proceedings. The court noted that the petition had not been prosecuted and

JAYESHKUMAR HASMUKHBHAI PATELversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners, Jayeshkumar Hasmukhbhai Patel and another, filed a special civil application before the High Court of Gujarat. Their counsel, Mr. Satish A. Pandya, was absent for the second hearing, indicating a lack of intention to continue the proceedings. The respondent, the State of Gujarat, was represented by Mr.

MUKUL HIRJIBHAI PATELversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioner, Mukul Hirjibhai Patel, filed a Special Civil Application before the High Court of Gujarat. During the second call, the petitioner’s counsel was absent, indicating the petitioner’s lack of intention to pursue the proceedings. The court noted that such absence amounted to a failure to prosecute the petiti

ASHOKBHAI BHANABHAI PATELversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioner, Ashokbhai Bhanabhai Patel, failed to appear for the second hearing of his special civil application before the High Court of Gujarat. The learned counsel for the petitioner was absent, indicating a lack of intention to continue the proceedings. The court held that such absence amounted to a want of pros

CHATURBHAI DEVJIBHAI DALVADI (CHAVHAN)versusDEPUTY COLLECTOR WADHAVAN

43-DISMISSED FOR DEFAULT @ FH

The petitioner, Chaturbhai Devjibhai Dalvadi (Chavhan), filed a special civil application before the High Court of Gujarat. The petitioner’s counsel was absent for the second hearing, indicating a lack of intention to pursue the matter. The court noted that the petitioner’s non‑appearance amounted to a want of prosecut

SULTANMIYA HUSSAINMIYA SHAIKHversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners, Sultanmiya Hussainmiya Shaikh and another, filed a special civil application before the High Court of Gujarat. The petition was scheduled for hearing, but the petitioner's counsel was absent for the second call. The court inferred that the petitioners did not wish to pursue the proceeding. Consequently

ALIMAMAD @ ANVAR PIRMAMAD KHALIFAversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The petitioner, Alimamd @ Anvar Pirmamad Khalifa, was arrested on 20 July 2023 after police seized contraband from his premises and a charge‑sheet was filed. He has remained in custody while co‑accused were released on bail, and the trial court has not examined any of the 22 witnesses listed in the charge‑sheet. The pe

CHANDRABEN D/O MEDSINH DOLATSINHversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

Chandrab​en D/O Medsin​h Dolatsinh & Anr filed a Special Civil Application against the State of Gujarat. The petitioner's counsel, Mr. MB Gohil, failed to appear for the second hearing and made no alternative arrangement, indicating a lack of desire to proceed. The Court observed that without representation the petitio

PATEL DINESHBHAI MOHANBHAIversusPATEL MORARBHAI KARSHANBHAI

53-ALLOWED / GRANTED @ ADM.STAGE

The petitioners sought a writ of mandamus to quash the Deputy Collector’s order dated 22‑12‑2023 which directed them to open a right‑of‑way for the respondents. The respondents had originally filed a suit under Section 5 of the Mamlatdars’ Court Act claiming a southern way to their agricultural land, but the Mamlatdar

RAMESHBHAI RAVJIBHAI CHAUHANversusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioners, Rameshbhai Ravjibhai Chauhan & ors., filed a Special Civil Application before the High Court of Gujarat seeking interim relief. During the second call of the matter, the petitioner's counsel, SunilSinh J Chauhan, failed to appear. The Court noted the absence as a want of prosecution and held that the p

MAGANLAL MOHANLAL FALDUversusSTATE OF GUJARAT

37-DISMISSED FOR DEFAULT @ ADMISSION

The petitioner, Maganlal Mohanlal Faldu, filed a special civil application before the High Court of Gujarat. The petition sought relief against the State of Gujarat and others. During the second hearing, the petitioner's counsel, Mr. Bharat T. Rao, failed to appear despite being called. The court held that the petition

HEIRS OF LT.DHANJIBHAI NAROTTAMBHAI VANKARversusSTATE OF GUJARAT THRO SECRETARY

43-DISMISSED FOR DEFAULT @ FH

The petitioners filed a special civil application but their counsel failed to appear for the hearing despite the matter being called twice. No request for adjournment was made on their behalf. The Court, noting the non‑appearance and lack of any request for a pass over, dismissed the petition for non‑prosecution. Conse

DHOLIBEN AMRABHAI RATHVA SINE DECEASED THROUGH HER LEGAL HEIRSversusSTATE OF GUJARAT

43-DISMISSED FOR DEFAULT @ FH

The petitioners, represented by the legal heirs of the deceased Dholiben Amrabhai Rathva, filed a Special Civil Application against the State of Gujarat. The petition was listed twice, but the petitioner’s counsel, Ms. Nidhi P. Barot, failed to appear on both occasions and did not request any adjournment. The responden

RAJESHKUMAR JAYANTILAL SHAHversusSTATE OF GUJARAT - THROUGH ADDITIONAL SECRETARY

40-WITHDRAWN @ FH

The petitioner filed a second special civil application concerning the same cause as a prior petition. The petitioner, represented by counsel, chose not to press the present petition. Consequently, the Court disposed of the petition as not pressed and discharged the rule. Any interim relief that may have been granted e

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