Dahyabhai Narandas Patel(Dead) ... vs Gopiji Vallaji Vanjara
2023 Latest Caselaw 2476 Guj

       C/CA/317/2023                                ORDER DATED: 23/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 317 of 2023

                       In F/FIRST APPEAL NO. 6167 of 2023

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     DAHYABHAI NARANDAS PATEL(DEAD) THROUGH MANJULABEN D
                             PATEL
                             Versus
                    GOPIJI VALLAJI VANJARA
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Appearance:
DILIPKUMAR U PRAJAPATI(8344) for the Applicant(s) No. 1
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 23/03/2023

                                  ORAL ORDER

1. Heard learned advocate Mr. Prajapati on behalf of the

applicant and learned advocate Mrs. Nisha Parikh on behalf of

the respondent.

2. By way of this application, the applicant herein seeks

permission to prefer appeal against the impugned judgment

and order dated 25.11.2022 passed by the learned City Civil

and Sessions Court, Ahmedabad in Civil Suit (CCC) No. 1896

of 2013, more particularly, the case of the applicant being

that she was a legally wedded wife of the sole defendant and

whereas the sole defendant having expired on 03.12.2020

C/CA/317/2023 ORDER DATED: 23/03/2023

prior to even the suit being decreed.

2.1. It also appears that the application is resisted by learned

advocate for the original plaintiff inter alia submitting that the

applicant herein may not be a legally wedded wife of the

original defendant, more particularly, the applicant not having

produced any proof of her marriage with the original

defendant. It would appear prima facie that the respondent

herein - original plaintiff has unnecessarily raised objection

against the present leave to appeal application, more

particularly, as contended by learned advocate Mr. Prajapati

that the original plaintiff was residing on the first floor just

below the suit property in question and whereas, the

respondent is very well aware about the marital status of the

present applicant.

2.2. It also appears that the applicant has produced certain

documents on record, more particularly, details of the present

applicant having been shown as a recipient of the family

pension amount, more particularly, upon demise to the

original defendant. It also appears that certain other

documents - official documents have been produced by the

applicant herein. From the documents submitted including the

C/CA/317/2023 ORDER DATED: 23/03/2023

pension papers as well as the copy of the ration card, it

appears beyond doubt that the applicant herein was the wife

of the deceased - Dahyabhai Narandas Patel - original

defendant.

3. Under such circumstances, in the considered opinion of

this Court, the applicant would definitely have a right to

appeal against the judgment and order impugned in the first

appeal. Considering the same, the present application

requires consideration.

4. The present applicant is permitted to appeal against the

impugned judgment and order dated 25.11.2022 passed by

the learned City Civil and Sessions Court, Ahmedabad in Civil

Suit (CCC) No. 1896 of 2013 in place as legal heir of the

original defendant.

5. With these observations, the present application stands

disposed of as allowed. Registry to list the First Appeal on

03.04.2023.

(NIKHIL S. KARIEL,J) Bhoomi