High Court of Gujarat

INDUBEN CHAMANLAL KANDOIversusHEIR OF AMRUTLAL ANANDJI JITENDRA AMRUTLAL SOLANKI

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: C DOSHI

Holding

The matter stands abated due to the death of the sole petitioner and lack of representation of heirs.

Summary

The sole petitioner in a civil revision application died on 21 April 2025. The court directed the petitioner’s representatives to file a petition to bring the heirs on record, but no such steps were taken. At the hearing on 10 February 2026, the petitioner’s counsel was absent. Since the heirs had not been identified and no representation was present, the court held that the proceedings could not continue. Consequently, the matter was ordered to stand abated.

Issues considered

Can a civil revision proceeding continue after the death of the sole petitioner without representation of the heirs?

Subjects

civil revisionabated proceedingsdeath of partyprocedural lawheir representation

Judgment

       C/CRA/323/2016                                                ORDER DATED: 10/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/CIVIL REVISION APPLICATION NO. 323 of 2016

==========================================================
                INDUBEN CHAMANLAL KANDOI
                          Versus
   HEIR OF AMRUTLAL ANANDJI JITENDRA AMRUTLAL SOLANKI &
                           ORS.
==========================================================
Appearance:
JENIL M SHAH(7840) for the Applicant(s) No. 1
MR AMAN A SAMA(11691) for the Opponent(s) No. 1
MR NIKHILESH J SHAH(3007) for the Opponent(s) No. 2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                       Date : 10/02/2026

                                         ORAL ORDER
        In order dated 21.04.2025, it is recorded that the sole
petitioner has expired. In view of this fact, petitioner is required
to take the necessary steps.
        It appears that till today, no fresh steps have been taken to
bring on record the heirs of the sole petitioner.
        Today, when the matter is taken up for hearing, learned
advocate Mr.Jenil M. Shah for petitioner is absent.
        In view of above, the matter stands abated.


                                                                                 (J. C. DOSHI,J)
KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 10/02/2026 18:28:16




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