High Court of Gujarat

JASHODABEN PARSHOTAMBHAI PRAJAPATIversusNATUBHAI PARSHOTAMBHAI PATEL SINCE DECEASED THROUGH HEIRS

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

Holding

If the appellant does not file the heirs' details by 27‑04‑2026, the civil application shall stand dismissed.

Summary

The appellant filed a second appeal seeking condonation of delay in a civil application. Respondent No. 3, a party to the proceedings, died, and the appellant has not yet produced the heirs of the deceased on record. The court granted a final opportunity to the appellant to file the heirs' details by 27 April 2026, warning that failure to do so would result in dismissal of the application. No steps had been taken by the appellant up to the date of the order. The court scheduled a further hearing for 30 April 2026 and indicated that if the matter is dismissed, the second appeal would become moot. The order was signed by Justice J.C. Doshi.

Issues considered

Whether the civil application for condonation of delay should be dismissed for the appellant's failure to bring the heirs of the deceased respondent on record.

Subjects

condonation of delaysecond appealheirsdismissalcivil application

Judgment

                             C/CA/5334/2025                                                       ORDER DATED: 05/03/2026




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5334 of
                                                  2025

                                                     In F/SECOND APPEAL/197/2005

                    ==========================================================
                              JASHODABEN PARSHOTAMBHAI PRAJAPATI & ORS.
                                                Versus
                         NATUBHAI PARSHOTAMBHAI PATEL SINCE DECEASED THROUGH
                                            HEIRS & ORS.
                    ==========================================================
                    Appearance:
                    MR VIJAY H NANGESH(3981) for the Applicant(s) No. 1,2,3,4,5
                    NOTICE SERVED for the Respondent(s) No.
                    1.1,1.2,1.3,1.4,1.5,2.1,2.2,2.3,4,5
                    UNSERVED EXPIRED (N) for the Respondent(s) No. 3
                    ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                                 Date : 05/03/2026

                                                                   ORAL ORDER


                              Respondent No. 3 has expired.


                              No steps have been taken till now by the appellant to
                    bring on record the heirs.
                              Last opportunity has been granted. If by 27.04.2026
                    no steps have been taken the matter shall stand dismissed
                    without reference to this Court.


                              List on 30.04.2026.
                              In the event of dismissal of the Civil Application no
                    question arise for the registration of the Second Appeal.



                                                                                                                (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,
                                                                       Page 1atof
                                                                                High
                                                                                  1 Court of Gujarat on 06/03/2026 16:04:19

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