High Court of Gujarat

TARUNABEN MITESHBHAI DESAIversusJYOTIBEN JAVAHARBHAI DESAI

Disposal: 40-WITHDRAWN @ FH
Bench: ILESH VORAR T VACHHANI

Holding

The Court allowed the joining of the legal heir and, upon the heir's request, permitted the withdrawal of the appeal.

Summary

The appellant, Tarunaben Miteshbhai Desai, filed a first appeal (No. 674 of 2022) seeking to join legal heirs to the suit. The respondent parties opposed the application. The Court examined whether the legal heir could be added as a party under the provisions of the Civil Procedure Code. It held that the prayer for joining the legal heir was permissible and ordered the necessary amendment. Subsequently, the legal heir of the original appellant appeared and expressed a desire to withdraw the appeal. The Court granted permission to withdraw, disposing of the appeal as withdrawn. Both the application for joining heirs and the appeal were consequently disposed of.

Issues considered

Whether the legal heir of the original appellant can be joined as a party to the suit
Whether the appellant may withdraw the appeal at the stage of proceedings

Subjects

legal heirjoining heirsappeal withdrawalcivil procedureamendment of parties

Judgment

           C/FA/674/2022                                                                   ORDER DATED: 06/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/FIRST APPEAL NO. 674 of 2022
                                     With
            CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
                       In R/FIRST APPEAL NO. 674 of 2022
==========================================================
                                 TARUNABEN MITESHBHAI DESAI
                                            Versus
                              JYOTIBEN JAVAHARBHAI DESAI & ORS.
==========================================================
Appearance:
BHAGIRATH N PATEL(9016) for the Appellant(s) No. 1
MR ZUBIN F BHARDA(159) for the Defendant(s) No. 2
MR. AKASH R PATEL(6715) for the Defendant(s) No. 2
MR. DHRUVIN U MEHTA(9993) for the Defendant(s) No. 1
MS TEJAL A VASHI(2704) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 4
==========================================================
   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
         and
         HONOURABLE MR. JUSTICE R. T. VACHHANI
                       Date : 06/07/2026
                        ORAL ORDER
         (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
ORDER IN C.A.:
           The prayer for joining legal heir(s), as sought for in the application, is
allowed. Necessary amendment be carried out forthwith. The application
is disposed of accordingly.
ORDER IN APPEAL:
           The legal heir of the original appellant is present before this Court
and upon inquiry, states that he does not want to proceed with the matter
and seeks permission to withdraw the captioned appeal. Permission as
sought for is granted. With the aforesaid permission the captioned appeal
is disposed of as withdrawn.

                                                                                                     (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 06/07/2026 17:21:48




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