C/FA/777/2013(GJHC240389762013) ORDER DATED: 11/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 777 of 2013 ========================================================== MEENABEN VIJAYBHAI PARMAR Versus JAIVANTRAO SHIVAJIRAO DHOLE ========================================================== Appearance: MR BHUSHAN B OZA(1072) for the Appellant(s) No. 1 MR ADIL R MIRZA(2488) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 11/09/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. This first appeal under Section 96 of the CPC at the instance of original plaintiff, is directed against the judgment and decree dated 26.06.2012 passed in Special Civil Suit No.76 of 2008, whereby 3rd Additional Senior Civil Judge, Valsad was pleased to dismiss the suit for permanent injunction and specific performance of the contract with respect to the suit property. The plaintiff – appellant had lent Rs.26,50,000/- to the defendant and the defendant failed to repay the amount on or before 15.05.2008, then, the defendant was agreed to execute the sale-deed with respect to the flat property situated at Valsad. The trial court having regard to the evidence on record, observed that, the plaintiff is failed to prove the transaction as alleged and accordingly, the suit came to C/FA/777/2013(GJHC240389762013) ORDER DATED: 11/09/2026 be dismissed by the court. 2. The appeal has been listed under the head of “Critically Old Matters”. 3. Since long, the appellant is not remaining present to assist the court meaning thereby, he is not interested at all to pursue his appeal. 4. In such circumstances, it appears that, the appellants are not interested in pursuing the appeal. Thus, therefore, by exercising powers under Order 41Rule 17 of the CPC, the appeal stands dismissed for non-prosecution. R & P be sent back to the trial court. (ILESH J. VORA,J) (R. T. VACHHANI, J) TAUSIF SAIYED Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 11/09/2026 17:36:43