High Court of Gujarat
VITHAL BHANA DOBARIYAversusBHANA LALA DOBARIYA
- Decided
- 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
- appeal
- abated
- death of party
- interim relief
- vacated
- civil procedure
- procedural 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
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VITHAL BHANA DOBARIYA
Versus
BHANA LALA DOBARIYA & ORS.
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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
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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
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