K. N. WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is pending since 2001, almost 22 years have been passed and the petition is pending for want of prosecution. It comes on record that in the year 2011, this Court was constrained to dismiss the petition on the ground of prosecution. On 17/1/2011, this Court has observed as under.

(2.) Subsequently, the petition was restored at the request of learned advocate for the petitioner vide order dtd. 13/2/2012 and thereafter again it was dismissed for default on the ground of non prosecution, as the petitioner did not turn up. Thereafter, again petition was restored and the Court was constrained to dismiss the petition on the ground of non prosecution vide order dtd. 21/4/2015. After delay of 60 days, the petitioner preferred an application for recalling the order dtd. 21/4/2015, this Court condoned the delay and restored the petition. The conduct of the petitioner did not end there and as such, again at the time of hearing, petitioner did not turn up. This Court was again constrained to dismiss the petition for want of prosecution on 11/3/2016. This Court sympathetically again recalled the proceedings and restored the petition on 16/6/2017 and thereafter again the petition was listed for hearing. On 20/7/2017, learned advocate for the petitioner was again not present for conducting the matter, accordingly, this Court was constrained to dismiss the petition on the ground of non prosecution. It was observed as under :-

(3.) After span of 982 days, the petitioner woke up and again filed an application for restoration and condoning the delay. The Co-ordinate Bench of this Court sympathetically condoned the delay and again restored the petition vide order dtd. 24/11/2022. Today, when the petition comes up for final hearing, the same conduct has been observed by the learned advocate for the petitioner. Though, the matter is called out thrice, no manner now this Court is lenient or sympathetically to continue this litigation of 22 years and not a single day of hearing the matter being proceeded by the learned advocate for the petitioner.