C/CA/317/2023 ORDER DATED: 23/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 317 of 2023
In F/FIRST APPEAL NO. 6167 of 2023
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DAHYABHAI NARANDAS PATEL(DEAD) THROUGH MANJULABEN D
PATEL
Versus
GOPIJI VALLAJI VANJARA
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Appearance:
DILIPKUMAR U PRAJAPATI(8344) for the Applicant(s) No. 1
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/03/2023
ORAL ORDER
1. Heard learned advocate Mr. Prajapati on behalf of the applicant and learned advocate Mrs. Nisha Parikh on behalf of the respondent.
2. By way of this application, the applicant herein seeks permission to prefer appeal against the impugned judgment and order dated 25.11.2022 passed by the learned City Civil and Sessions Court, Ahmedabad in Civil Suit (CCC) No. 1896 of 2013, more particularly, the case of the applicant being that she was a legally wedded wife of the sole defendant and whereas the sole defendant having expired on 03.12.2020 Page 1 of 3 Downloaded on : Thu Mar 23 20:45:50 IST 2023 C/CA/317/2023 ORDER DATED: 23/03/2023 prior to even the suit being decreed.
2.1. It also appears that the application is resisted by learned advocate for the original plaintiff inter alia submitting that the applicant herein may not be a legally wedded wife of the original defendant, more particularly, the applicant not having produced any proof of her marriage with the original defendant. It would appear prima facie that the respondent herein - original plaintiff has unnecessarily raised objection against the present leave to appeal application, more particularly, as contended by learned advocate Mr. Prajapati that the original plaintiff was residing on the first floor just below the suit property in question and whereas, the respondent is very well aware about the marital status of the present applicant.
2.2. It also appears that the applicant has produced certain documents on record, more particularly, details of the present applicant having been shown as a recipient of the family pension amount, more particularly, upon demise to the original defendant. It also appears that certain other documents - official documents have been produced by the applicant herein. From the documents submitted including the Page 2 of 3 Downloaded on : Thu Mar 23 20:45:50 IST 2023 C/CA/317/2023 ORDER DATED: 23/03/2023 pension papers as well as the copy of the ration card, it appears beyond doubt that the applicant herein was the wife of the deceased - Dahyabhai Narandas Patel - original defendant.
3. Under such circumstances, in the considered opinion of this Court, the applicant would definitely have a right to appeal against the judgment and order impugned in the first appeal. Considering the same, the present application requires consideration.
4. The present applicant is permitted to appeal against the impugned judgment and order dated 25.11.2022 passed by the learned City Civil and Sessions Court, Ahmedabad in Civil Suit (CCC) No. 1896 of 2013 in place as legal heir of the original defendant.
5. With these observations, the present application stands disposed of as allowed. Registry to list the First Appeal on 03.04.2023.
(NIKHIL S. KARIEL,J) Bhoomi Page 3 of 3 Downloaded on : Thu Mar 23 20:45:50 IST 2023