High Court of Gujarat

DEPUTY COLLECTORversusSOLANKI NANDUBHAI RAMUBHAI

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The court grants a final extension to the applicant to bring the legal heirs of the deceased respondent on record by 4 May 2026, otherwise the appeal will be dismissed.

Summary

The Deputy Collector filed a first appeal seeking condonation of delay. The sole respondent, Solanki, had died, and the applicant was required to bring the legal heirs of the deceased on record. The court noted that the applicant’s counsel had previously sought time for this purpose but failed to act. Consequently, the court granted a final opportunity to file the heirs’ details by 4 May 2026, warning that failure to do so will result in dismissal of the proceedings and refusal to register the appeal. The order was signed on 13 April 2026.

Issues considered

Whether the court may grant a final extension for the applicant to bring the legal heirs of the deceased respondent on record
Whether failure to comply with the extension will lead to dismissal of the appeal and refusal to register it

Subjects

condonation of delaylegal heirsdefault dismissalcivil proceduresuccession

Judgment

          C/CA/3527/2024                                                           ORDER DATED: 13/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3527 of
                               2024

                                    In F/FIRST APPEAL/18858/2024

 ==========================================================
                                   DEPUTY COLLECTOR & ANR.
                                             Versus
                                  SOLANKI NANDUBHAI RAMUBHAI
 ==========================================================
 Appearance:
 MS DHWANI TRIPATHI, AGP for the Applicant(s) No. 1,2
 UNSERVED EXPIRED (N) for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 13/04/2026

                                                       ORDER


            Cause list shows that sole respondent has expired.
 Previously, learned AGP seeks time to bring the legal heirs of
 the respondent on record, but learned AGP did not encash the
 opportunity. Under the circumstances, last chance is granted.
 If no steps is taken to bring the legal heirs of the respondent
 on record on or before 4.5.2026, present proceedings shall
 stand dismissed for default without referring the matter to the
 Court. In the event of not taking steps of bringing legal heirs
 of deceased respondent on record on or before next date,
 registration of First Appeal shall stand refused.                                                         S.O. to
 7.5.2026.



                                                                                                 (J. C. DOSHI,J)
 SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 13/04/2026 16:09:30

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