Gujarat High Court
Smt.Hiraben Mulchandbhai Purani vs State Of Gujarat & 3 on 22 August, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/8202/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8202 of 2014
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SMT.HIRABEN MULCHANDBHAI PURANI....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR MS TRIVEDI, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 22/08/2014
ORAL ORDER
1. Learned advocate for the petitioner is not present. Nobody from the side of petitioner is present.
2. Today, nobody has attended the hearing and even any motion for passover or adjournment is also not made.
3. Since the date on which the petition came to be filed, this is the position of the proceedings of the petition i.e. no one has, until now, cared to appear in present proceedings. However, having regard to the relief prayed for in Para-8(A) of the petition, this Court considered if appropriate to grant opportunity to the petitioner to conduct the matter on merits and that therefore, granted adjournment in the Page 1 of 3 C/SCA/8202/2014 ORDER proceedings from 30.06.2014 until now.
4. On 01.08.2014, below mentioned order was passed:-
"Since the date on which the petitioner filed the petition, no one has conducted the matter. When the matter was listed for fresh hearing, for the first time on 13.6.2014 when below mentioned order was passed:-
"When the petition is called out, ld. advocate for the petitioner is not present. Therefore, hearing is adjourned. S.O. to 30.6.2014."
Thereafter on 30.6.2014 below mentioned order came to be passed:-
"Ld. advocate for the petitioner has filed sick-note.
S.O. to 01.08.2014."
Thereafter the matter is listed today. Today again no one is present. Any request for passover or adjournment is also not made. It appears that now perhaps there is no justification for the petitioner to press the request made in the petition.
In this situation the Court, ordinarily would dismiss the matter for non-prosecution. However, with a view to giving last chance to the petitioner, the hearing is adjourned as a last chance.
S.O. to 22.8.2014.
5. Despite and even after the said order, today also, no one has cared to appear and conduct the matter on merits or to even request for passover or adjournment. From the conduct of the petitioner and learned advocate for the petitioner, it appears that petitioner is either not interested in pressing in service the relief prayed for in the petition or now Page 2 of 3 C/SCA/8202/2014 ORDER the petitioner does not have any need or cause or justification for the relief prayed for in petition.
6. Having regard to the above mentioned aspects and in view of the fact that today also, no one has attended the hearing and since the first date the hearing is completely neglected, the petition is disposed of for non-prosecution.
(K.M.THAKER, J.) aruna Page 3 of 3