NARVARBHAI CHHEDADBHAI VASAVversusBHIMJIBHAI CHHEDABHAI VASAVA
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The court condoned the delays and allowed the applications, granting relief to bring the legal heirs on record.
Summary
The petitioners, Narvarbhai Chhedadbhaï Vasav, filed a civil application seeking condonation of delay in preferring the main matter and in filing a second appeal to bring legal heirs on record. The respondents, Bhimjibhai Chhedabhai Vasava, were served with an unserved expired notice. The High Court examined the averments made in the applications and found sufficient cause to condone the delays. Consequently, the court allowed both applications, granting the relief sought for bringing the legal heirs onto the record. The court also directed the petitioner's counsel to make the necessary amendment to the pleadings. No substantive merits of the underlying dispute were addressed, as the order pertained solely to procedural relief.
Issues considered
- Whether the delay in preferring the main matter can be condoned under procedural law
- Whether the delay in filing the second appeal for bringing legal heirs on record can be condoned
- Whether the application for bringing legal heirs should be allowed
Subjects
Judgment
C/CA/1161/2025 ORDER DATED: 29/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1161 of
2025
In F/SECOND APPEAL/2930/2025
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025
In R/CIVIL APPLICATION NO. 1161 of 2025
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025
In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025
In R/CIVIL APPLICATION NO. 1161 of 2025
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NARVARBHAI CHHEDADBHAI VASAV
Versus
BHIMJIBHAI CHHEDABHAI VASAVA
==========================================================
Appearance:
MR VD PARGHI(568) for the Applicant(s) No. 1
UNSERVED EXPIRED (N) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 29/01/2026
ORAL ORDER
IA ORDER IN CA 1161 OF 2025
Considering the averments made in the application, the
same is allowed and delay caused in preferring main matter
stands condoned.
IA ORDER IN CA 2 OF 2025
Considering the averments made in the application, the
same is allowed and delay caused in preferring CA for
bringing legal heirs on record stands condoned.
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C/CA/1161/2025 ORDER DATED: 29/01/2026
IA ORDER IN CA FOR BRINGING LEGAL HEIRS
Considering the facts stated in the application, present civil
application is allowed and relief in terms of para 5(b) is granted.
Learned advocate for the applicant is directed to carry out
necessary amendment.
(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 29/01/2026 14:33:17
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