High Court of Gujarat
KACHCHH DISTRICT CO-OPERATIVE BANK LTDversusPRAVINKUMAR VISHANJI THACKER
- Decided
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- C DOSHI
Holding
The appeal stands disposed of as abated due to the death of the respondent without heirs.
Summary
The appellant Kachchh District Co-operative Bank Ltd filed a second appeal against the respondent, Pravinkumar Vishanji Thacker. During the pendency of the appeal, the respondent died without any surviving class 1 heirs. The appellant moved the court to abate the appeal on this ground, seeking its disposal with a liberty to revive if difficulty arises. The respondent's counsel did not object to the abatement. The court held that the appeal stands disposed of as abated, discharged the notice, and vacated any interim relief previously granted. The order also reserved liberty for the respondent to revive the appeal if necessary and directed the registry to return the record and pleadings to the concerned court.
Issues considered
- Does the death of a respondent without surviving heirs abate a pending appeal?
Subjects
- appeal
- abated appeal
- death of party
- civil procedure
- cooperative bank
Judgment
C/SA/174/2008 ORDER DATED: 09/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 174 of 2008
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KACHCHH DISTRICT CO-OPERATIVE BANK LTD
Versus
PRAVINKUMAR VISHANJI THACKER
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Appearance:
MR BY MANKAD(440) for the Appellant(s) No. 1
MR MEHUL S SHAH, SR. ADVOCATE with MR JENIL SHAH for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/01/2026
ORAL ORDER
Learned advocate for the appellant, upon instructions,
states at bar that the respondent herein has expired having no
surviving class 1 heirs and therefore, present second appeal
becomes abated and hence, he prays to dispose of the second
appeal with a liberty to revive the second appeal in case of
di iculty.
Learned Senior counsel Mr. Mehul S. Shah assisted by
learned advocate Mr. Jenil Shah for the respondent has no
objection if the second appeal is disposed of.
Under the circumstances, present second appeal stands
disposed of as abated. Notice discharged. Interim relief
granted earlier stands vacated.
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C/SA/174/2008 ORDER DATED: 09/01/2026
Liberty is reserved in favour of the respondent to revive
the second appeal in case of di iculty.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
(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 09/01/2026 14:30:05
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