VITHALBHAI BAPUBHAI PATELversusRANCHHODBHAI PUNJABHAI PADHIAR (EXPIRED)

        C/FA/35/2018                                ORDER DATED: 02/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                     R/FIRST APPEAL NO. 35 of 2018
                                  With
     CIVIL APPLICATION (FOR CONDONATION OF DELAY) No.1 of 2023
                    In R/FIRST APPEAL NO. 35 of 2018
                                  With
         CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 3 of 2022
                    In R/FIRST APPEAL NO. 35 of 2018
==========================================================
                VITHALBHAI BAPUBHAI PATEL & ORS.
                             Versus
         RANCHHODBHAI PUNJABHAI PADHIAR (EXPIRED) & ORS.
==========================================================
Appearance:
ARCHITA M PRAJAPATI(8241) for the Appellant(s) No.1,2,4,5,6
MR ASHISH M DAGLI(2203) for the Appellant(s) No. 3
MR MP PRAJAPATI(677) for the Appellant(s) No.1,2,4,5,6
MR JIGAR P RAVAL(2008) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 3,4
UNSERVED EXPIRED (R) for the Defendant(s) No.2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI
                     Date : 02/07/2026
                      ORAL ORDER
       (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
ORDER IN C.A.1/2023:
1.      The affidavit in reply tendered by the learned advocate for the
defendant No. 5 is ordered to be taken on record.
2.      By this application, the applicant has prayed for condonation of
delay of 2145 days in preferring captioned appeal.
3.      Having heard learned counsel for the respective parties and
considering the averments made in the application, the applicant has
established sufficient cause and therefore, delay as mentioned in the delay
condonation application, in preferring the captioned appeal deserves to be
condoned and is hereby condoned.
4.      Accordingly, the present application is allowed in above terms.


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      C/FA/35/2018                                ORDER DATED: 02/07/2026




ORDER IN APPEAL:
1.    Having heard the learned advocates appearing for the respective
parties, the First Appeal as well as the connected Civil Applications are
taken up for final hearing today.


2.    The broad facts of the case, as they surface from the record, are
that the appellant (original plaintiff) has filed Special Civil Suit No. 718
of 2010 seeking specific performance of the contract in reference to the
disputed suit property.


3.    On admission of the plaint, the process came to be issued to the
defendants therein. However, as per the report of the process server, it
surfaced that Respondent No.1 had expired. Therefore, Respondent No.2
filed an application vide Exh.30 seeking the abatement of the civil suit on
account of the demise of Respondent No.1. The plaintiff also appears to
have filed a reply against the application vide Exh.30.


4.    It further appears that on being apprised of the demise of
Respondent No.1, the plaintiff filed an application vide Exh.35 for
bringing the legal heirs of the deceased Respondent No.1 on record.


5.    The learned Judge of the Civil Court decided the application below
Exh.35 and disposed of the suit as having abated below Exh.1, while
allowing the application below Exh.30.


6.    It is submitted that since the application seeking to place the legal
heirs of the deceased Respondent No.1 was well on record, the learned


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      C/FA/35/2018                                 ORDER DATED: 02/07/2026




Judge without dealing with the said applications erred in abating the
entire proceedings of the suit, thereby depriving the legitimate right of the
plaintiff, which otherwise non-suited the applicant. Therefore, the
appellant was constrained to challenge the said order by way of filing the
present appeal.


7.    Furthermore, it appears that on being apprised of the demise of
Respondent No.1 during the pendency of these proceedings, the legal
heirs of Respondent No.1 were also required to be brought on record.
Therefore, the appellant moved this Court by way of filing the present
Civil Applications seeking condonation of delay and to bring the
respective legal heirs on record.


8.    Since the learned advocates for the respective parties have not
pressed for reasoned order, having heard the learned advocates appearing
for the respective parties and on perusal of the record, it appears that
detailed objections have been filed by the other side. However, during the
course of hearing, the learned advocates arrived at a consensus that
without delving much into the technicalities, and by reserving their right
to contest the same before the learned Judge of the Civil Court in all
motions including the proceedings of the suit, and learned advocate for
the respondent has submitted that his right to raise objections may be kept
open, against the withdrawal of the application filed by the other side, as
the matter has attained finality and thus, with the aforesaid liberty has
finally submitted that necessary orders be passed.


9.    Hence, in view of the aforesaid and considering the submissions


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           C/FA/35/2018                                                                   ORDER DATED: 02/07/2026




advanced by the learned advocates appearing for the respective parties, so
also the grounds agitated in the memo of appeal, followed by the
conclusion arrived at by the learned Judge of the Civil Court, we deem it
fit to quash and set aside the impugned order dated 30.08.2017 passed
below Exh.30, followed by the order passed below Exh.1, abating the
Special Civil Suit.


10.        Accordingly, the First Appeal is allowed, and the impugned order
of abatement is hereby quashed and set aside. The parties are relegated to
the learned Judge of the Civil Court. The parties shall be at liberty to
move the learned Civil Court, and the learned Judge of the Civil Court,
on the receipt of any such motion, shall decide the same while affording
an opportunity of hearing to the parties concerned.


11.        It is made clear that this Court has not entered into the merits of the
matter, and the learned Judge would be free to consider the same on its
own merits, without being influenced by the present order. Record and
proceedings, if any called for, be transmitted to the concerned Court
forthwith.


12.        Consequently, connected Civil Applications, if any pending, stand
disposed of accordingly, while reserving the liberty to the parties as
aforesaid.

                                                                                                     (ILESH J. VORA,J)



                                                                                                  (R. T. VACHHANI, J)
MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/07/2026 17:15:56



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