High Court of Gujarat

VITHAL BHANA DOBARIYAversusBHANA LALA DOBARIYA

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The appeal is abated due to the death of the appellant, and any interim relief is vacated.

Summary

The appellant Vithal Bhana Dobariya filed a first appeal, but the appellant died before the matter could be decided. The appellant's counsel requested that the heirs be given liberty to file an application if they wish. The court granted this liberty and held that, in view of the appellant's death, the appeal stands abated. Consequently, any interim relief previously granted was vacated. The record of the appeal and any pending proceedings were ordered to be sent back to the lower court.

Issues considered

What is the effect of the death of an appellant on a pending first appeal?
Whether interim relief granted in the appeal should continue after the appellant's death?

Subjects

appealabateddeath of partyinterim reliefvacatedcivil procedureprocedural law

Judgment

         C/FA/4046/2010                                               ORDER DATED: 16/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/FIRST APPEAL NO. 4046 of 2010

 ==========================================================
                                VITHAL BHANA DOBARIYA
                                         Versus
                              BHANA LALA DOBARIYA & ORS.
 ==========================================================
 Appearance:
 MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1
 ABATED for the Defendant(s) No. 1
 MR HASIT H JOSHI(2480) for the Defendant(s) No. 3,4,6.2
 RULE UNSERVED for the Defendant(s) No. 5,6.1,6.3,6.4,7
 UNSERVED EXPIRED (R) for the Defendant(s) No. 2
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                        Date : 16/04/2026

                                               ORDER
          Learned advocate Mr.Nirav Thakkar for the appellant in
 utter fairness, submits that the heirs of the deceased –
 appellant have not been contacted. However, he further
 submits that liberty be reserved for the heirs of the deceased
 to file an appropriate application, if they so desire.


          With the aforesaid liberty, the present First Appeal
 stands abated in view of the death of the appellant. Interim
 relief, if any, stands vacated. R&P, if any, be sent back to the
 concerned Court.


                                                                                  (J. C. DOSHI,J)
 MANOJ



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR(HC01092), PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2026 15:51:00




                                              Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "appeal"Sign in to search