High Court of Gujarat

THE ADDITIONAL SPECIAL LAND ACQUISITION OFFICERversusPARMAR BALABHAI LALUBHAI

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: C DOSHI

Holding

The appeal was dismissed as abated because the respondent had died and the appellant failed to bring the legal heirs on record.

Summary

The Additional Special Land Acquisition Officer filed a first appeal against Parmar Balabhai Lalubhai. The sole respondent had died, and the appellant's counsel was given three opportunities to list the legal heirs but failed to do so. The court noted the respondent's death and the appellant's inaction. Consequently, the appeal was dismissed as abated. The Court of Appeal was held to have no surviving cause and the matter was disposed.

Issues considered

Can a first appeal proceed when the sole respondent is deceased and the appellant has not joined the legal heirs on record?

Subjects

land acquisitionabated appeallegal heirsprocedural defaultappeal dismissal

Judgment

              C/FA/2942/2023                                                           ORDER DATED: 13/04/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/FIRST APPEAL NO. 2942 of 2023

                                              With
                          CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
                               In R/FIRST APPEAL NO. 2942 of 2023
     ==========================================================
            THE ADDITIONAL SPECIAL LAND ACQUISITION OFFICER & ORS.
                                     Versus
                          PARMAR BALABHAI LALUBHAI
     ==========================================================
     Appearance:
     MR SHAILESH DESAI, AGP for the Appellant(s) No. 1,2,3
     UNSERVED EXPIRED (R) for the Defendant(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 thrice, but learned AGP did not
     encash the opportunity.


                Under the circumstances, present First Appeal stands
     dismissed as abated.


                Consequently, CA does not survive and stands disposed
     of accordingly. Rule discharged.



                                                                                                     (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 14:23:07



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