ABDUL RAZAK SULEMAN TARMHOMAMDversusHEIRS OF PATEL LADHA BHADA
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- DEVAN M DESAI
Holding
The court allowed the application to bring the legal heirs on record and later disposed of the petition as withdrawn.
Summary
The petitioners filed a civil application to have the legal heirs of two deceased petitioners placed on record, submitting death certificates for the deceased who died on 15‑02‑2025 and 20‑01‑2022. The court examined the averments and found the application to be in order, granting the relief to bring the heirs on record and directing the necessary amendment. Subsequently, the petitioners sought permission to withdraw the petition, claiming it had become infructuous. The court granted the withdrawal, disposing of the petition and vacating any interim relief. The order was signed by Justice D. M. Desai of the Gujarat High Court.
Issues considered
- Whether the application for bringing the legal heirs of the deceased petitioners on record is maintainable
- Whether the petition may be withdrawn as infructuous
Subjects
Judgment
C/SCA/1413/2016 ORDER DATED: 05/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1413 of 2016
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
In R/SPECIAL CIVIL APPLICATION NO. 1413 of 2016
==========================================================
ABDUL RAZAK SULEMAN TARMHOMAMD & ANR.
Versus
HEIRS OF PATEL LADHA BHADA & ORS.
==========================================================
Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1,2
RULE SERVED BY DS for the Respondent(s) No. 5,6
VMP LEGAL(7210) for the Respondent(s) No. 2,3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 05/05/2026
ORAL ORDER
Order in Civil Application No. 1 of 2026
1. Heard learned advocate Mr. A. S. Asthavadi for the
applicants.
2. The present Civil application is filed for bringing legal
heirs of the deceased petitioner No. 1 and petitioner No. 2
respectively on record. It is submitted that petitioner No. 1
had expired on 15.02.2025 and petitioner No. 2 had expired
on 20.01.2022 leaving behind the heirs as mentioned in the
application. It is submitted that legal heirs of deceased
petitioner No. 1 and petitioner No. 2 are required to be
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C/SCA/1413/2016 ORDER DATED: 05/05/2026
brought on record. A copy of death certificate of deceased
petitioner No. 1 and petitioner No. 2 is also placed on record.
3. Considering the averments made in the application,
application deserves to be allowed and the same is allowed
accordingly. Necessary amendment to be carried out forthwith.
Order in Special Civil Application
1. Learned advocate for the petitioners seeks permission to
withdraw the present petition on the ground that it has
become infructuous.
2. Permission, as prayed for, is granted. The present petition
stands disposed of as withdrawn. Notice, if any, stands
discharged. Interim relief, if any, stands vacated.
(D. M. DESAI,J)
SHIVANI SHUKLA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHIVANI SHUKLA(HC02350), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/05/2026 12:47:24
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