Vijaykumar Mansukhlal Mehta vs Gelabhai Madhabhai Bharwad
2024 Latest Caselaw 8654 Guj

Gujarat High Court

Vijaykumar Mansukhlal Mehta vs Gelabhai Madhabhai Bharwad on 12 September, 2024

                                                                                                               NEUTRAL CITATION




                              C/SCA/15335/2019                                  ORDER DATED: 12/09/2024

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 15335 of 2019
                       ==========================================================
                                                 VIJAYKUMAR MANSUKHLAL MEHTA
                                                             Versus
                                                 GELABHAI MADHABHAI BHARWAD
                       ==========================================================
                       Appearance:
                       MS SUKRUTI D KAPADIA(9878) for the Petitioner(s) No. 1
                       MR KK TRIVEDI(934) for the Respondent(s) No. 1
                       NAJMUDDIN R MEGHANI(7834) for the Respondent(s) No. 1
                       ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 12/09/2024

                                                             ORAL ORDER

Noticeably on 23.08.2024, learned advocate for the petitioner was absent and in the interest of justice, time was granted. Today when the matter is taken up for hearing, learned advocate for the petitioner is absent. Report which was called from learned Trial Court is taken on record. It indicates that suit is at the stage of deciding application under Order 7 Rule 11 of CPC and prior to that stage was pending at the stage of cross examination of the plaintiff.

Present petition challenges judgment and order passed by the learned Appellate Court in Appeal from Order No.4 of 2018 as well as order passed below Exh.5.

In view of above, considering stage of the suit as well as considering the aspect that learned advocate for the petitioner did not remain present, the present petition stands dismissed for non prosecution.

(J. C. DOSHI,J) SATISH