High Court of Gujarat

STATE OF GUJARATversusJATIN PREMESH PANDYA

Disposal: 46-ANY OTHER MODE @ FH
Bench: N S SANJAY GOWDAL ODEDRA

Holding

The appeal stands abated due to the death of the respondent and the failure to bring legal heirs on record.

Summary

The State of Gujarat filed a Letters Patent Appeal (No. 751 of 2016) and a connected civil application for a stay. The respondent, Jatin Premesh Pandya, had died during the COVID pandemic, but the exact date of death was unknown. The appellant argued that the legal heirs had not been brought on record within the prescribed period. The Court observed that the death of the respondent without identification of heirs precludes continuation of the proceedings. Consequently, the Court held that the appeal stands abated and the connected civil application is disposed of.

Issues considered

Whether a Letters Patent Appeal can proceed when the respondent has died and legal heirs are not on record
Whether the connected civil application for stay should be dismissed in view of the respondent's death

Subjects

appeal abatementdeath of partylegal heirsprocedural lawcivil applicationstay

Judgment

        C/LPA/751/2016                                                 ORDER DATED: 09/03/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/LETTERS PATENT APPEAL NO. 751 of 2016
                                     In
                   R/SPECIAL CIVIL APPLICATION/25436/2007
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 2 of 2016
                                     In
                  R/LETTERS PATENT APPEAL NO. 751 of 2016
================================================================
                            STATE OF GUJARAT & ORS.
                                      Versus
                             JATIN PREMESH PANDYA
=======================================================================
Appearance:
MS SHRUTI DHRUVE, AGP for the Appellant(s) No. 1,2,3,4
MS TEJAL A VASHI(2704) for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
        and
        HONOURABLE MR.JUSTICE J. L. ODEDRA
                      Date : 09/03/2026
                       ORAL ORDER
      (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)


         It is submitted that the respondent itself has passed

away and is no more. However, the exact date of death is

not known, but it is reported that the respondent had died

during Covid. It is, therefore, obvious that steps to bring the

legal heirs on record have not been taken within the said

period.


         Accordingly, this appeal stands abated. Connected Civil

Application also stands disposed of.



                                                                     (N.S.SANJAY GOWDA,J)




                                                                               (J. L. ODEDRA, J)
Manoj Kumar Rai


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 09/03/2026 17:48:48
                                              Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "appeal abatement"Sign in to search