Gujarat High Court
Bihola Udesang Alias Udaji Nanaji vs Kantilal Kachardas Patel on 26 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4962/2019 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4962 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 4962 of 2019
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BIHOLA UDESANG ALIAS UDAJI NANAJI
Versus
KANTILAL KACHARDAS PATEL & ORS.
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Appearance:
MR MB GOHIL(2702) for the Appellant(s) No. 1
MR MJ PARIKH(577) for the Defendant(s) No. 1,2
MS DIMPLE M PARIKH(7500) for the Defendant(s) No. 1,2
MS SHACHI G MATHUR(3069) for the Defendant(s) No. 3
SIMPLE M PARIKH(8370) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 26/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This Appeal under Section-96 of the Code of Civil Procedure, 1908 is preferred against the judgment and order dated 10.05.2019 in Special Civil Suit No.18 of 2017. The impugned judgment and order is also a subject matter of challenge in First Appeal No.4454 of 2022 preferred by one Baldevji Ramajibhai Thakor who is the original opponent no.2. The appellant before this Court is original defendant no.1. It is reported that the appellant in the Page 1 of 3 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:17:24 IST 2025 NEUTRAL CITATION C/FA/4962/2019 ORDER DATED: 26/09/2025 undefined present Appeal has expired on 16.03.2022. The learned advocate for the appellant Mr. M B Gohil places on record the copy of the death certificate of the original appellant. The learned advocate confirms the aforesaid fact and also confirms that no legal representative has come forward to espouse the cause of the present Appeal.
2. However, before the Court would proceed to declare the Appeal to have abated, the learned advocate for the defendant no.2- Baldevji Ramjibhai Thakor, who is a subsequent purchaser, has drawn the attention of this Court to the pending First Appeal No.4454 of 2022 which on account of change in the jurisdiction (pecuniary) is being listed before the bench of the Learned Single Judge of this Court.
3. He has also submitted that any order including declaring the Appeal having abated will have adverse impact on the pending appeal preferred by his client and pending before the Learned Single Judge. If that is so, then the Court may hereby clarify that the declaration of the present Appeal having abated on account of the death of the original appellant and the legal representative not prosecuting the Page 2 of 3 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:17:24 IST 2025 NEUTRAL CITATION C/FA/4962/2019 ORDER DATED: 26/09/2025 undefined same any further, will not have any effect on the merits of the pending First Appeal No.4454 of 2022.
4. In view of the aforesaid, the present First Appeal stands disposed of, as having abated.
5. In view of the disposal of the present First Appeal, the connected Civil Application No.1 of 2019 also stands disposed of, accordingly.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) JIGAR J RABARI Page 3 of 3 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:17:24 IST 2025