C/SA/194/2012(GJHC240405092012) ORDER DATED: 28/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 194 of 2012 ============================================= GIRISHCHANDRA AMRATLAL MITHAIWALA Versus NAGINBHAI LALLUBHAI & ANR. ============================================= Appearance: MR KASHYAP R JOSHI(2133) for the Appellant(s) No. 1 RULE SERVED for the Respondent(s) No. 2 UNSERVED EXPIRED (N) for the Respondent(s) No. 1 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 28/09/2026 ORAL ORDER 1. As per the office note dated 24.09.2026, it appears that the appellant was requested by the concerned Appellate Court to deposit the amount/expense for preparation of paper-book, however, in spite of service of notice, the appellant has not shown willingness to deposit the said amount. 2. In light of the aforesaid, since the appellant has shown his unwillingness to deposit the said amount, this Court has no other option but to dismiss the appeal qua him for non- prosecution. Ordered accordingly. 3. Registry is directed to send back the record and proceedings, if any, to the concerned Court. 4. It is open for the appellant to file an appropriate application seeking restoration of this appeal in case where the appellant will show his willingness to deposit the amount of expenses for preparation of paper-book. (MAULIK J. SHELAT, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 28/09/2026 17:27:35