Goswami Babupuri Bhudarpuri vs State Of Gujarat
2023 Latest Caselaw 117 Guj

       C/SCA/1502/2019                               ORDER DATED: 05/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1502 of 2019

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                         GOSWAMI BABUPURI BHUDARPURI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1
DECEASED LITIGANT for the Respondent(s) No. 5
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1
MR MM TIRMIZI(1117) for the Respondent(s) No. 5.1,5.2,5.3,5.4,5.5,5.6,5.7
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 05/01/2023
                                 ORAL ORDER

1. Rule. Learned advocates appearing for the respective respondents waive service of notice of rule.

2. Since the short issue is involved in the present writ petition, the same is heard and decided finally.

3. At the outset, learned advocate Mr.Gandhi appearing for the petitioner has submitted that the impugned order has been passed against the dead person i.e. Swami Mansukhpuri Devpuri, who has passed away on 19.10.2015, whereas the order has been passed on 26.06.2018. He has placed reliance on the judgment of the Apex Court in the case of Amaba Bai and Others vs. Gopal and Others, (2001) 5 SCC 570. Thus, he has submitted that in fact the appeal had abated when the order was passed.

4. Learned advocate Mr.Tirmizi has very candidly accepted the fact that the order was passed against the dead person.

C/SCA/1502/2019 ORDER DATED: 05/01/2023

5. In view of the aforesaid undisputed fact that the order has been passed against the dead person, the impugned order dated 26.06.2018 is quashed and set aside. The present petition stands disposed of accordingly. Rule is made absolute.

6. It is clarified that, the order is only set aside since the same is passed against the dead person leaving all the rights and contentions of all the respective parties open.

Direct service is permitted.

(A. S. SUPEHIA, J) ABHISHEK/1