Gujarat High Court
Amin Kasam Sama Since Decd Through Heirs vs Haroon Shakur Sama on 12 November, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/3819/2025 ORDER DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3819 of
2025
In R/FIRST APPEAL NO. 3971 of 2010
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AMIN KASAM SAMA SINCE DECD THROUGH HEIRS & ORS.
Versus
HAROON SHAKUR SAMA & ORS.
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Appearance:
MR HENIL M SHAH(10677) for the Applicant(s) No. 1,1.1,1.2,1.3
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/11/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. The captioned application has been filed with a prayer for condonation of delay of 3301 days caused in preferring the application for setting aside the abatement of First Appeal No.3971 of 2010.
2. Rule. Mr.Vibhuti Nanavati, learned advocate waives service of notice of rule for respondent no.3.
3. It is the case of the applicants that during the pendency of the appeal, the sole appellant-original claimant viz.Amin Kasam Sama has passed away on 1.2.2016, leaving behind the present applicants who are the mother and major brothers respectively, of the sole appellant, upon whom the Page 1 of 4 Uploaded by U. SRILATHA(HC00185) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 22:32:20 IST 2025 NEUTRAL CITATION C/CA/3819/2025 ORDER DATED: 12/11/2025 undefined right to sue and be sued survives. The factum of demise was made known to the learned advocate recently and it is thereafter that the steps were taken. It is the case that the applicants approached the learned advocate seeking legal assistance, as the applicants were asked by the concerned Bank to produce the order of the Tribunal permitting the payment of interest which had accrued on the FDR. Accordingly, the learned advocate gave necessary advice so as to obtain requisite documents viz.death certificate, pedigree etc. Necessary application was preferred seeking death certificate, pedigree etc. and upon receipt, the papers were provided to the learned advocate. Immediately thereafter, the application was filed. It is further the case of the applicants that the applicants are rustic villagers and unaware about the intricacies of law and procedure as regards their substitution in the present proceedings. 3.1 Reliance is placed on the judgment in the case of Om Prakash Gupta @ Lalloowa (Now Deceased) V/s Satish Chandra (Now deceased) : Rooprani (Now Deceased), reported in 2025(0)AIJELSC 74715 = 2025(0) AIR(SC) 1201. 3.2 By referring to the above averments made in the application, Mr.Henil Shah, learned advocate for the applicants urged that the delay be condoned. Page 2 of 4 Uploaded by U. SRILATHA(HC00185) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 22:32:20 IST 2025
NEUTRAL CITATION C/CA/3819/2025 ORDER DATED: 12/11/2025 undefined 3.3 Though served in the proceedings before the Tribunal, so also before this Court, the respondent nos.1 and 2 have chosen not to enter appearance.
3.4 Mr.Vibhuti Nanavati, learned advocate appearing for the respondent no.3 has fairly submitted that there is no objection if the delay is condoned.
4. Heard learned advocates for the respective parties. The captioned appeal was filed by the original claimants. During the pendency of the appeal, the sole appellant passed away on 1.2.2016. It is the case of the applicants that the applicants are the heirs being mother and major brothers, respectively of the sole appellant. Emphasis is laid that the factum of demise of the appellant was brought to the notice of the learned advocate and when certain inquiries were made, it was informed that the death certificate and pedigree shall be necessary. Accordingly, steps were taken for procuring the same which are placed on record. It is the specific case of the applicants that they are rustic villagers unaware of intricacies of laws, so also the procedure as regards substitution.
5. In view of the above, the explanation deserves Page 3 of 4 Uploaded by U. SRILATHA(HC00185) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 22:32:20 IST 2025 NEUTRAL CITATION C/CA/3819/2025 ORDER DATED: 12/11/2025 undefined acceptance. Delay is required to be condoned. Accordingly, the captioned application for condoning the delay in preferring application for setting aside the abatement is hereby allowed. Rule is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J) (NISHA M. THAKORE,J) SRILATHA Page 4 of 4 Uploaded by U. SRILATHA(HC00185) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 22:32:20 IST 2025