Gopalbhai Ranchhodbhai Beladia vs Manharbhai Ramajibhai Solanki
2023 Latest Caselaw 1722 Guj

     C/FA/4274/2019                                   ORDER DATED: 20/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 4274 of 2019
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In R/FIRST APPEAL NO. 4274 of 2019
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                      GOPALBHAI RANCHHODBHAI BELADIA
                                  Versus
                       MANHARBHAI RAMAJIBHAI SOLANKI
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Appearance:
MR ANVESH V VYAS(5654) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5,6,7,8,9,9.1,9.2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 20/02/2023
                                 ORAL ORDER

The present First Appeal as well as Civil Application for stay are filed in connection with an land bearing survey No.249, Block No.270 of village Niyol; Taluka: Palsana, District: Surat. The case is for the purpose of specific performance of the contract wherein in connection with the subject land, an agreement to sale was executed between the appellant (Original plaintiff) and the respondents (original defendants), which came to be executed on 30.04.2005. It is the case of the appellant that as the original defendants failed to comply with their part of their performance, suit was required to be filed. However, ultimately the Civil Court dismissed the suit by judgment and order dated 12.06.2019 against which the present appeal is preferred.

It appears that after filing of the appeal, consistently the Courts have recorded in its order that learned advocate for the appellant has not remained present and lastly vide order dated 23.01.2023, as a chance the matter was adjourned.

C/FA/4274/2019 ORDER DATED: 20/02/2023

Today also, when the matters are called out, learned advocate for the appellant-applicant is absent. Hence, the present appeal and application are hereby dismissed for default for want of prosecution.

(A.Y. KOGJE, J) SIDDHARTH