High Court of Gujarat

BECHARBHAI GANGARAMBHAI PATELversusGODAVARIBEN RANCHODBHAI PATEL

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The appellant must serve notice on respondent No.4 and bring the heirs of respondent No.2 before 27 April 2026, otherwise the case will be dismissed.

Summary

The appellant, Becharbhai Gangaramabhai Patel & ors., filed a second appeal and a civil application for stay against Godavariben Ranchodbhai Patel & ors. The court noted that respondent No.4 had not been served with notice and that service to respondent No.2 had expired. The judge directed the appellant to complete service of respondent No.4 and to bring the heirs of respondent No.2 before 27 April 2026. Failure to comply would result in the matter being dismissed without further reference to the court. The matter was adjourned to 30 April 2026 for compliance.

Issues considered

Whether the appellant has complied with the requirement of serving notice on all respondents, including respondent No.4 and the heirs of respondent No.2.

Subjects

service of noticecivil proceduresecond appealnon‑service dismissalcourt order

Judgment

          C/SA/52/2020                                                           ORDER DATED: 05/03/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/SECOND APPEAL NO. 52 of 2020

                                        With
                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                          In R/SECOND APPEAL NO. 52 of 2020
==========================================================
                      BECHARBHAI GANGARAMBHAI PATEL & ORS.
                                     Versus
                      GODAVARIBEN RANCHODBHAI PATEL & ORS.
==========================================================
Appearance:
MR DHAIRYAWAN D BHATT(11817) for the Appellant(s) No.
1,2,3.1,3.2,3.3,3.4,3.5,3.6,3.7
FRESH NOTICE SERVED(4512) for the Respondent(s) No. 5
NOTICE SERVED for the Respondent(s) No. 1,6,7
NOTICE UNSERVED for the Respondent(s) No. 4
SHASHVATA U SHUKLA(8069) for the Respondent(s) No. 3
UNSERVED EXPIRED (N) for the Respondent(s) No. 2
==========================================================

   CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                               Date : 05/03/2026

                                                       ORDER


                     Cause list indicates that respondent no.4 is unserved
and respondent no.2 is unserved expired. The appellant to take
necessary steps to serve respondent no.4 and to bring heirs of
respondent no.2 on or before 27.04.2026, failing which the
matter shall stand dismissed without reference to the Court.
Stand over to 30.04.2026.



                                                                                            (J. C. DOSHI,J)
SATISH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 06/03/2026 10:58:26




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