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Gujarat High Court
General Manager Oil Natural Gas ... vs Patel Somabhai Ranchoddas on 8 December, 2025
NEUTRAL CITATION
C/FA/5820/2019 JUDGMENT DATED: 08/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5820 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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GENERAL MANAGER OIL NATURAL GAS CORPORATION
Versus
PATEL SOMABHAI RANCHODDAS & ANR.
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Appearance:
MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 08/12/2025
ORAL JUDGMENT
1. When the matter was taken up for hearing, learned advocate
Ms. Dimple A. Thaker for the appellant submits that the original
claimant who is respondent No.1 has expired on 3.8.2000 even
prior to filing of reference proceedings. Death certificate of
respondent No.1 - Patel Somabhai Ranchhoddas is placed on
record which is taken on record. Upon instructions, she submits
that no steps have been taken to bring the legal heirs of
respondent No.1 on record in the reference proceedings also. It
NEUTRAL CITATION
C/FA/5820/2019 JUDGMENT DATED: 08/12/2025
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is further submitted that it is for the claimant to move
necessary application before the learned Reference Court to
bring the legal heirs of deceased claimant.
2. It is further submitted that since the proceedings have been
abated in absence of bringing legal heirs of deceased - original
claimant, the judgment and order dated 15.5.2019 passed by
the learned Principal Senior Civil Judge, Kalol in LAR No.369 of
2012 is a nullity. It is also submitted by the learned advocate
for the appellant that the appellant may be permitted to
withdraw the amount of compensation which has been
deposited pursuant to the order dated 15.5.2019 passed in LAR
No.369 of 2012.
3. In view of above, since no steps have been taken by the heirs of
the deceased respondent No.1 to be impleaded in the
proceedings before the learned Reference Court, the present
First Appeal stands abated for want of bringing legal heirs of
respondent No.1. Liberty is reserved for the appellant to file
appropriate application for setting aside abatement and revive
the present appeal in case of the legal heirs of the deceased
respondent No.1 are brought on record before the learned
NEUTRAL CITATION
C/FA/5820/2019 JUDGMENT DATED: 08/12/2025
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Reference Court.
4. It is further observed that in absence of the legal heirs being
impleaded as heirs of respondent No.1, the judgment and order
dated 15.5.2019 passed by the learned Principal Senior Civil
Judge, Kalol in LAR No.369 of 2012 shall not be enforceable as
the same is a nullity.
5. The appellant is permitted to withdraw the amount of
compensation that has been deposited by the appellant before
the learned Reference Court pursuant to the impugned order
passed by the learned trial Court.
6. Thus, the First Appeal stands dismissed as abated with the
aforesaid liberty. No order as to costs. Record and proceedings,
if any, be sent back to the concerned Tribunal, forthwith.
Interim Relief, if any, stands vacated forthwith.
(D. M. DESAI,J)
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