High Court of Gujarat

ARAB ABDULLA IBRAHIMversusARAB UMAR IBRAHIM DECD.THROUGH THE LRS

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

Holding

Civil applications that are not pressed may be disposed of as not pressed, causing the first appeal to stand abated and mandating the trial court to execute the partition decree in a time‑bound manner.

Summary

The petitioners, Arab Abdulla Ibrahim & Anr., filed civil applications seeking to bring heirs and condone delay, aiming to expedite the execution of a partition decree dated 19‑Oct‑2002 against the estate of the deceased Arab Umar Ibrahim. Their counsel, Mr. Aman A Sama, informed the court that the applications were not being pressed and that the petitioners did not object to the impugned judgment and decree. The court held that since the applications were not pressed, they should be disposed of as not pressed, resulting in the abatement of the first appeal and discontinuation of any interim relief. The trial court was directed to supervise and ensure the time‑bound execution of the partition decree, including agricultural land where the Collector must act. The record was ordered to be sent back to the concerned court for immediate execution.

Issues considered

Whether civil applications that are not pressed may be dismissed as not pressed
Effect of dismissal of such applications on the status of the first appeal
Directions required for execution of a partition decree in a time‑bound manner

Subjects

partition decreefirst appealabated appealcivil applicationcondonation of delayexecution of decreeheirs

Judgment

      C/FA/565/2003                                    ORDER DATED: 27/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 565 of 2003

                                 With
            CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
                   In R/FIRST APPEAL NO. 565 of 2003
                                 With
       CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025
          In CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
                   In R/FIRST APPEAL NO. 565 of 2003
                                 With
  CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025
     In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025
          In CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
                   In R/FIRST APPEAL NO. 565 of 2003
==========================================================
                  ARAB ABDULLA IBRAHIM & ANR.
                             Versus
         ARAB UMAR IBRAHIM DECD.THROUGH THE LRS & ORS.
==========================================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1,2,3,4,5,6,6.4,6.7
MR AMAN A SAMA(11691) for the Defendant(s) No. 4.3,4.4
MR CH VORA(980) for the Defendant(s) No. 1.6
MR.HIREN M MODI(3732) for the Defendant(s) No. 1.2,1.4,1.5
NOTICE SERVED for the Defendant(s) No. 1.1,1.3
REFUSED SERVED (R)(70) for the Defendant(s) No. 2.2,2.3,2.4,2.5,2.6
RULE SERVED for the Defendant(s) No.
2.1,2.7,3.4,4.5,5.1,5.2,6.1,6.2,6.3,6.4.1,6.4.2,6.4.3,6.4.4,6.4.5,6.5,6.6,6.7.1
RULE SERVED BY DS for the Defendant(s) No. 3.2,3.3,3.5,6.8
UNSERVED EXPIRED (N) for the Defendant(s) No. 4.2
UNSERVED EXPIRED (R) for the Defendant(s) No. 3.1,4.1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 27/07/2026

                                    ORDER




                                    Page 1 of 2
          C/FA/565/2003                                                   ORDER DATED: 27/07/2026




 1.       Learned Advocate Mr. Aman A Sama appearing for the
 petitioners of Civil Application No.1 of 2025 and Civil Application
 No.2 of 2025, having not pressed the same, under instructions
 submits that they are not objecting to the impugned judgment
 and decree. The sole object of preferring these two petitions was
 to expedite the proceeding for partition decree.

 2.       In the aforesaid circumstances, Civil Application No.1 of
 2025 and Civil Application No.2 of 2025 are disposed of as not
 pressed. Consequently, first appeal stands abated. Interim relief,
 if any, stands discontinued.


 3.       Needless to state that the partition decree which was
 passed way back on 19.10.2002, be executed in letter and spirit
 and within the time bound manner. The learned trial Court,
 therefore, is directed to see and supervise the execution of the
 partition decree in accordance with law and shall further ensure
 that the execution of the partition decree be done in a time
 bound manner. If the decree is required to be executed for
 agricultural land, concerned Collector is directed to carry out the
 proceeding in a time bound manner.


 4.       Record and proceeding to be sent back to the concerned
 Court forthwith.



                                                                                       (J. C. DOSHI,J)
 PARMAR KRISH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/07/2026 16:13:33




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