Gujarat High Court
General Manager Oil Natural Gas ... vs Patel Somabhai Ranchoddas on 8 December, 2025
NEUTRAL CITATION
C/FA/5820/2019 JUDGMENT DATED: 08/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5820 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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GENERAL MANAGER OIL NATURAL GAS CORPORATION
Versus
PATEL SOMABHAI RANCHODDAS & ANR.
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Appearance:
MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 08/12/2025
ORAL JUDGMENT
1. When the matter was taken up for hearing, learned advocate Ms. Dimple A. Thaker for the appellant submits that the original claimant who is respondent No.1 has expired on 3.8.2000 even prior to filing of reference proceedings. Death certificate of respondent No.1 - Patel Somabhai Ranchhoddas is placed on record which is taken on record. Upon instructions, she submits that no steps have been taken to bring the legal heirs of respondent No.1 on record in the reference proceedings also. It Page 1 of 3 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Dec 08 2025 Downloaded on : Mon Dec 15 20:32:59 IST 2025 NEUTRAL CITATION C/FA/5820/2019 JUDGMENT DATED: 08/12/2025 undefined is further submitted that it is for the claimant to move necessary application before the learned Reference Court to bring the legal heirs of deceased claimant.
2. It is further submitted that since the proceedings have been abated in absence of bringing legal heirs of deceased - original claimant, the judgment and order dated 15.5.2019 passed by the learned Principal Senior Civil Judge, Kalol in LAR No.369 of 2012 is a nullity. It is also submitted by the learned advocate for the appellant that the appellant may be permitted to withdraw the amount of compensation which has been deposited pursuant to the order dated 15.5.2019 passed in LAR No.369 of 2012.
3. In view of above, since no steps have been taken by the heirs of the deceased respondent No.1 to be impleaded in the proceedings before the learned Reference Court, the present First Appeal stands abated for want of bringing legal heirs of respondent No.1. Liberty is reserved for the appellant to file appropriate application for setting aside abatement and revive the present appeal in case of the legal heirs of the deceased respondent No.1 are brought on record before the learned Page 2 of 3 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Dec 08 2025 Downloaded on : Mon Dec 15 20:32:59 IST 2025 NEUTRAL CITATION C/FA/5820/2019 JUDGMENT DATED: 08/12/2025 undefined Reference Court.
4. It is further observed that in absence of the legal heirs being impleaded as heirs of respondent No.1, the judgment and order dated 15.5.2019 passed by the learned Principal Senior Civil Judge, Kalol in LAR No.369 of 2012 shall not be enforceable as the same is a nullity.
5. The appellant is permitted to withdraw the amount of compensation that has been deposited by the appellant before the learned Reference Court pursuant to the impugned order passed by the learned trial Court.
6. Thus, the First Appeal stands dismissed as abated with the aforesaid liberty. No order as to costs. Record and proceedings, if any, be sent back to the concerned Tribunal, forthwith. Interim Relief, if any, stands vacated forthwith.
(D. M. DESAI,J) vk Page 3 of 3 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Dec 08 2025 Downloaded on : Mon Dec 15 20:32:59 IST 2025