High Court of Gujarat

KIRIT PADMANABH VYASversusBANK OF BARODA

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The appeal was dismissed as abated due to the death of the sole appellant.

Summary

In the first appeal filed by the late Kirit Padmanabh Vyas against Bank of Baroda, the appellant died in 2017. The court noted that the sole appellant's death renders the appeal abated. Consequently, the appeal was dismissed and any interim relief previously granted was vacated. The appellant's heirs expressed intent to file a requisite application to be brought on record, invoking their statutory rights under the Code of Civil Procedure, 1908 and limitation law. The order was pronounced by Justice J.C. Doshi on 24 March 2026.

Issues considered

Whether a first appeal can continue after the death of the sole appellant
Effect of the appellant's death on interim relief previously granted

Legislation cited

Code of Civil Procedure, 1908

Subjects

appealabated appealdeath of partyinterim reliefCode of Civil Procedurelimitation

Judgment

             C/FA/1796/2010                                                           ORDER DATED: 24/03/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/FIRST APPEAL NO. 1796 of 2010

    ==========================================================
                                           KIRIT PADMANABH VYAS
                                                    Versus
                                              BANK OF BARODA
    ==========================================================
    Appearance:
    HCLS COMMITTEE(4998) for the Appellant(s) No. 1
    MR JIGAR G GADHAVI(5613) for the Appellant(s) No. 1
    MR RITURAJ M MEENA(3224) for the Defendant(s) No. 1
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 24/03/2026

                                                          ORDER


              Order dated 11.11.2025 recorded that sole appellant has
    expired. Learned advoate Mr. Gadhavi in his utter fairness,
    submitted that the appellant has expired in the year 2017.
    Hence, present First Appeal stands dismissed as abated.
    Interim relief, if any, granted earlier stands vacated forthwith.


              Learned advocate Mr. Gadhavi submitted that the heirs
    and legal representatives of the appellant contacted him and
    they are in process of 'ling requisite application to bring them
    on record. It is their statutory right subject to provisions of
    the Code of Civil Procedure, 1908 and law of limitation.



                                                                                                    (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 24/03/2026 16:56:02




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