High Court of Gujarat

RAMANBHAI SHANABHAI THAKORversusMARGHABHAI SHANABHAI THAKOR (SINCE DECD. ) THROUGH HIS HEIRS AND LRS

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

Holding

The Court held that the parties must bring the deceased respondent’s heirs on record by 27 April 2026, otherwise the suit will be dismissed.

Summary

The matter is a second appeal (C/SA/83/2018) with a civil application for stay filed by Ramanbhai Shanabhai Thakor & Ors against the estate of the deceased Marghabhai Shanabhai Thakor. The appellant sought relief, but the respondent No.1.1 had died, and no steps were taken to bring his heirs on record. The Court noted that the death of the respondent did not automatically terminate the proceedings but required substitution of the heirs. The Court granted a final opportunity to the parties to comply by filing the necessary documents and to bring the heirs on record. A final date of 27 April 2026 was fixed, failing which the matter would stand dismissed without further reference. The matter was listed for hearing on 30 April 2026.

Issues considered

Whether the death of a respondent necessitates substitution of heirs on record
Whether the proceedings can continue without the heirs being brought on record
Whether a final deadline can be imposed to compel compliance

Subjects

procedural lawdeath of partysubstitution of partiesstay ordercourt deadlinecivil appeal

Judgment

                     C/SA/83/2018                                                         ORDER DATED: 05/03/2026




                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                         R/SECOND APPEAL NO. 83 of 2018

                                                   With
                                CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                                     In R/SECOND APPEAL NO. 83 of 2018
           ==========================================================
                       RAMANBHAI SHANABHAI THAKOR & ORS.
                                      Versus
               MARGHABHAI SHANABHAI THAKOR (SINCE DECD. ) THROUGH HIS
                               HEIRS AND LRS & ORS.
           ==========================================================
           Appearance:
           MR HARDIK S SONI(5124) for the Appellant(s) No. 1,2,3.1
           MR MRUGEN K PUROHIT(1224) for the Respondent(s) No.
           1.2,1.3.1,1.3.2,1.4,1.5.1,1.5.2,1.5.3,1.5.4,1.6,1.7,2.1,2.3
           NOTICE SERVED for the Respondent(s) No. 2.2,3,4
           ==========================================================

              CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                         Date : 05/03/2026

                                                           ORAL ORDER


                     Respondent No. 1.1                          has expired. However, no steps
           have been taken to bring his heirs on record.


                     Last opportunity has been granted.

                     In view of above, last date is granted till 27.04.2026,
           failing which the matter shall stand dismissed without
           reference to this Court.
                     List on 30.04.2026.



                                                                                                         (J. C. DOSHI,J)
           MARY VADAKKAN




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 16:15:05

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