MOHANBHAI VALJIBHAI RATHOD Vs. BHIKHAJI LAXMANJI THAKOR

JUDGEMENT

(1.) Heard learned advocate Mr. K. P. Champaneri for the petitioner. Though served, learned advocate Mr. H. R. Prajapati appearing for respondent Nos.1.1 to 3.3 remained absent when the matter was called out. Notice has been served upon respondent Nos.1.5 and 3.1, but none appears on their behalf, today.

(2.) The petitioner has sought for quashing and setting aside the order dtd. 22/3/2018 passed by the learned Principal District Judge, Gandhinagar in Civil Miscellaneous Application No.73 of 2017 below Exh.12 and further prayed to restore the proceedings of Regular Civil Appeal No.30 of 2015 which came to be rejected vide order dtd. 18/10/2016 passed by the learned Principal District Judge, Gandhinagar.

(3.) Learned advocate for the petitioner has submitted that the petitioner had filed Special Civil Suit No.170 of 2008 before the learned Civil Judge, Gandhinagar which came to be rejected by the judgment and decree dtd. 7/3/2015 against which the present petitioner preferred Regular Civil Appeal No.30 of 2015 before the learned Principal District Judge, Gandhinagar. When the appeal came up for final hearing, learned advocate for the applicant could not remain present because of social reasons and therefore the said appeal came to be dismissed for want of prosecution.