Lhrs Of Decd. Bhailalbhai ... vs Patel Gordhabhai Bhailalbhai
2022 Latest Caselaw 1303 Guj

      C/CA/1735/2021                                    ORDER DATED: 04/02/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1735 of 2021

                       In F/SECOND APPEAL NO. 22087 of 2021

==========================================================
             LHRS OF DECD. BHAILALBHAI NAGARBHAI PATEL
                               Versus
                   PATEL GORDHABHAI BHAILALBHAI
==========================================================
Appearance:
MR. JAY M THAKKAR(6677) for the Applicant(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.1.4,1.2,1.2.1,1.2.2,1.2.3,1.3,1.4,1.4.1,1.4.2,1.5,1.6,1.
7,2,2.1,2.1.1,2.1.2,2.1.3,3
for the Respondent(s) No. 2
AADITYA D BHATT(8580) for the Respondent(s) No. 2.1
CHANDNI S JOSHI(9490) for the Respondent(s) No. 2.1
NOTICE UNSERVED for the Respondent(s) No. 1
UNSERVED WANT OF TIM for the Respondent(s) No. 2.2
==========================================================

  CORAM:HONOURABLE DR. JUSTICE A. P. THAKER

                                 Date : 04/02/2022

                                  ORAL ORDER

Heard Mr. Jay Thakkar, learned advocate for the applicants and Mr. Aditya Bhatt, learned advocate for the respondent at length through video-conferencing.

The learned advocate for the applicant has submitted that right to sue survives and the applicant's civil right is affected if they are not permitted to agitate by preferring appeal against the impugned judgment and decree of the Court. He has prayed to allow the application.

On the other hand, Mr. Aditya , learned advocate for the respondent has opposed granting the application, as some of the applicants have already died pending the appeal, and therefore,

C/CA/1735/2021 ORDER DATED: 04/02/2022

they cannot be permitted to file an appeal.

Having considered the submissions of both the sides and averments made in the application and the fact that right to sue survives despite the fact that certain applicants have died during the pendency of the Appeal. If they are not permitted to filed appeal against the impugned judgment of the First Appellate Court, then their valuable right would be frustrated.

In that view of the matter, the application is allowed and the applicant is permitted to file appeal.

Registry is directed to register the Second Appeal accordingly and list the Appeal after four weeks from today.

No order as to costs.

With this observation, the application stands disposed of accordingly.

(DR. A. P. THAKER, J) SAJ GEORGE