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J vs State

High Court Of Gujarat|03 May, 2012

JUDGMENT / ORDER

1. When the petition is called out and taken up for hearing, learned advocate for petition is not present. On 18th April 2012, below mentioned order was passed:
"When the petition is called out and taken up for hearing, learned advocate for the petitioner is not present. Since last three occasions, the petition is being adjourned. From the first date on which the petition came to be listed for admission hearing, hearing of the petition is not attended and matter is adjourned on one ground or another. However, instead of dismissing the petition, hearing of the petition is adjourned so that interest of the petitioner may not be adversely affected.
S.
O. to 03/05/2012. "
2. The said order was passed in view of the fact that since last three occasions the petition was being adjourned on account of absence of petitioner's advocate. Today also learned advocate for petitioner is not present. Any request for passover or adjournment is also not made. The hearing is neglected. On previous occasions also the hearing was adjourned so that the interest of petitioner may not be adversely affected. However, since today also nobody has attended the hearing, there is no other option but to reject the petition for non-prosecution.
Hence, dismissed for non-prosecution.
(K.M.THAKER, J.) jani Top
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Title

J vs State

Court

High Court Of Gujarat

JudgmentDate
03 May, 2012