Gujarat High Court
Arunbhai Chhaganlal Popat vs Bhavin Bharatbhai Patel on 12 February, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/2990/2018 ORDER DATED: 12/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 2990 of 2018
In F/LETTERS PATENT APPEAL NO. 29066 of 2018
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023
In R/CIVIL APPLICATION NO. 2990 of 2018
With
F/LETTERS PATENT APPEAL NO. 29066 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 27585 of 2007
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023 In F/LETTERS PATENT
APPEAL NO. 29066 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 27585 of 2007
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018 In
F/LETTERS PATENT APPEAL NO. 29066 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 27585 of 2007
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2023 In
F/LETTERS PATENT APPEAL NO. 29066 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 27585 of 2007
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018 In F/LETTERS PATENT APPEAL
NO. 29066 of 2018
In
R/SPECIAL CIVIL APPLICATION NO. 27585 of 2007
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ARUNBHAI CHHAGANLAL POPAT & ANR.
Versus
BHAVIN BHARATBHAI PATEL & ORS.
==========================================================
Appearance:
MR. DHAVAL DAVE, SR. ADV. WITH MR JIGAR M PATEL(3841) for the Applicant(s)
No. 1,2
MS. HETAL G. PATEL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s)
No. 2,3,4
NOTICE NOT RECD BACK for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 12/02/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
The captioned Civil Application No. 2990 of 2018 seeking leave to
appeal filed by the third party to challenge the judgment and order dated
NEUTRAL CITATION
C/CA/2990/2018 ORDER DATED: 12/02/2025
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07.06.2017 passed by the learned single Judge in Special Civil
Application No. 2129 of 2017 is pending since the year 2018. During the
pendency of the said application, one of the applicants, namely applicant
No.1 Arunbhai Chhaganlal Popat had died on 09.05.2023.
2. The Civil Application No. 1 of 2023 has been filed to bring on
record the heirs and legal representatives of the deceased applicant No.1.
There is no objection to the application seeking substitution of the legal
heirs and representatives of the applicant No.1 namely Arunbhai
Chhaganlal Popat.
3. The application dated 05.08.2023 to bring on record the heirs and
legal representatives of the deceased applicant No.1 is hereby allowed.
The office shall make necessary incorporation within a period of three
days from today.
4. It is submitted by Mr. Dhaval Dave, the learned senior advocate
assisted by learned advocate Mr. Jigar Patel for the applicants that the
applicants, including the newly substituted applicants, have instructed the
learned advocate to withdraw the Civil Application seeking leave to
appeal. The contention is that the cause of action for filling the
application seeking leave to appeal does not survive with the dismissal of
the Civil Suit.
5. Be that as it may, in view of the statement made by the learned
senior advocate for the applicants, the Civil Application No. 2990 of
2018 seeking leave to appeal is dismissed as withdrawn. Resultantly,
Letters Patent Appeal stands dismissed as withdrawn. Pending Civil
Application(s), if any, also stand disposed of.
NEUTRAL CITATION
C/CA/2990/2018 ORDER DATED: 12/02/2025
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6. Before parting with this order, we may record that by order dated
23.01.2025 noticing the manner in which the Notary affidavit was sworn
by the deponent, we have issued direction to the Principal District Judge,
Surat to make inquiry into the manner in which the affidavit dated
18.01.2025 has been notarised by the Advocate Notary by calling
explanation of the said advocate. Further direction was to circulate the
said order to all the Principal Judges of the courts in the State for onward
circulation to the concerned Notaries of the Districts and the office of the
District Collector.
7. The inquiry report dated 07.02.2025 submitted by the Principal
District Judge, Surat through the Registrar General of High Court of
Gujarat placed on record, is to be perused by us for further action, if
required.
8. The said report be placed before us by the Registrar Judicial for
perusal/examination in chamber.
9. For the limited purpose of passing order on the report submitted by
the Principal District Judge, Surat, we post the matter on 05.03.2025.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
C.M. JOSHI
