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High Court of Gujarat

ABDUL RAZAK SULEMAN TARMHOMAMDversusHEIRS OF PATEL LADHA BHADA

Disposal
40-WITHDRAWN @ FH

Holding

The court allowed the application to bring the legal heirs on record and later disposed of the petition as withdrawn.

Summary

The petitioners filed a civil application to have the legal heirs of two deceased petitioners placed on record, submitting death certificates for the deceased who died on 15‑02‑2025 and 20‑01‑2022. The court examined the averments and found the application to be in order, granting the relief to bring the heirs on record and directing the necessary amendment. Subsequently, the petitioners sought permission to withdraw the petition, claiming it had become infructuous. The court granted the withdrawal, disposing of the petition and vacating any interim relief. The order was signed by Justice D. M. Desai of the Gujarat High Court.

Issues considered

  • Whether the application for bringing the legal heirs of the deceased petitioners on record is maintainable
  • Whether the petition may be withdrawn as infructuous

Subjects

bringing heirscivil applicationwithdrawal of petitionlegal heirsdeath certificateGujarat High Court

Judgment

     C/SCA/1413/2016                             ORDER DATED: 05/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 1413 of 2016
                               With
       CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
          In R/SPECIAL CIVIL APPLICATION NO. 1413 of 2016
==========================================================
              ABDUL RAZAK SULEMAN TARMHOMAMD & ANR.
                               Versus
                 HEIRS OF PATEL LADHA BHADA & ORS.
==========================================================
Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1,2
RULE SERVED BY DS for the Respondent(s) No. 5,6
VMP LEGAL(7210) for the Respondent(s) No. 2,3,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                           Date : 05/05/2026

                             ORAL ORDER


Order in Civil Application No. 1 of 2026

1.    Heard learned advocate Mr. A. S. Asthavadi for the

applicants.


2.    The present Civil application is filed for bringing legal

heirs of the deceased petitioner No. 1 and petitioner No. 2

respectively on record. It is submitted that petitioner No. 1

had expired on 15.02.2025 and petitioner No. 2 had expired

on 20.01.2022 leaving behind the heirs as mentioned in the

application. It is submitted that legal heirs of deceased

petitioner No. 1 and petitioner No. 2 are required to be



                                Page 1 of 2
      C/SCA/1413/2016                                                     ORDER DATED: 05/05/2026




brought on record. A copy of death certificate of deceased

petitioner No. 1 and petitioner No. 2 is also placed on record.


3.      Considering the averments made in the application,

application deserves to be allowed and the same is allowed

accordingly. Necessary amendment to be carried out forthwith.



Order in Special Civil Application


1.      Learned advocate for the petitioners seeks permission to

withdraw the present petition on the ground that it has

become infructuous.

2.      Permission, as prayed for, is granted. The present petition

stands disposed of as withdrawn. Notice, if any, stands

discharged. Interim relief, if any, stands vacated.




                                                                                  (D. M. DESAI,J)

SHIVANI SHUKLA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHIVANI SHUKLA(HC02350), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/05/2026 12:47:24




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