IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 2499 of 2025 In R/FIRST APPEAL/1691/2007 ========================================================== HASMUKHBHAI KACHRABHAI MALI Versus EXECUTIVE ENGINEER (O AND M) & ORS. ========================================================== Appearance: NAMAN H KINKHABWALA(8831) for the Applicant(s) No. 1 MR PM LAKHANI(1326) for the Opponent(s) No. 2 MS RV ACHARYA(1124) for the Opponent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 02/03/2026 ORAL ORDER 1. The present application is led by the applicant for restoration of First Appeal No. 1691/2007 which came to be dismissed for non-appearance of learned counsel for the original appellant. 2. It appears from the record that on 05.07.2007, the matter came to be admitted and when the matter came up for nal hearing, on several occasions, the learned advocate engaged by the applicant did not remain present and, therefore, this Court vide order dated 31.07.2025 had issued notice to the applicant to either remain personally present or make an alternative arrangement on the next date of hearing. The matter was pending since 2007 i.e. almost 18 years and even on earlier occasion, the absence of the concerned advocate was recorded on 09.10.2024 and, therefore, after considering these facts, this p. 1 Court had issued a notice vide order dated 31.07.2025. Thereafter, lastly the matter was listed on 26.09.2025 whereby though notice was served, the applicant chose not to remain present and, therefore, this Court passed an order dismissing the rst appeal for want of prosecution. The reason stated in the application at para 3 is that the applicant had tried to contact the advocate on record but he could not nd the concerned advocate and hence, he tried contacting the brieng lawyer but even he could not reach the concerned advocate and, therefore, the applicant approached a new advocate and had requested him to appear on his behalf but unfortunately, in the meantime, this Court had passed an order on 26.09.2025 dismissing the appeal. In the said paragraph, the applicant has failed to state whom he had contacted, the date on which he consulted the new advocate for the purpose of appearing on behalf of the applicant in the proceedings and why he did not remain present before this Court. All these facts were not mentioned in the paragraph and mere contentions were raised in the application and, therefore, this application is nothing but an eyewash. 3. Considering the averments and explanation given in para-3 of the application and after hearing the learned counsel for the respective parties, this Court is of the opinion that the application deserves to be dismissed. Hence, the present application is hereby dismissed. (HEMANT M. PRACHCHHAK,J) ANUSRI p. 2 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/03/2026 16:49:42