Gujarat High Court
Amin Kasam Sama Since Decd Through Heirs vs Haroon Shakur Sama on 12 November, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/3819/2025 ORDER DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3819 of
2025
In R/FIRST APPEAL NO. 3971 of 2010
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AMIN KASAM SAMA SINCE DECD THROUGH HEIRS & ORS.
Versus
HAROON SHAKUR SAMA & ORS.
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Appearance:
MR HENIL M SHAH(10677) for the Applicant(s) No. 1,1.1,1.2,1.3
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/11/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. The captioned application has been filed with a
prayer for condonation of delay of 3301 days caused in
preferring the application for setting aside the abatement of
First Appeal No.3971 of 2010.
2. Rule. Mr.Vibhuti Nanavati, learned advocate waives
service of notice of rule for respondent no.3.
3. It is the case of the applicants that during the
pendency of the appeal, the sole appellant-original claimant
viz.Amin Kasam Sama has passed away on 1.2.2016, leaving
behind the present applicants who are the mother and major
brothers respectively, of the sole appellant, upon whom the
NEUTRAL CITATION
C/CA/3819/2025 ORDER DATED: 12/11/2025
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right to sue and be sued survives. The factum of demise was
made known to the learned advocate recently and it is
thereafter that the steps were taken. It is the case that the
applicants approached the learned advocate seeking legal
assistance, as the applicants were asked by the concerned
Bank to produce the order of the Tribunal permitting the
payment of interest which had accrued on the FDR.
Accordingly, the learned advocate gave necessary advice so as
to obtain requisite documents viz.death certificate, pedigree
etc. Necessary application was preferred seeking death
certificate, pedigree etc. and upon receipt, the papers were
provided to the learned advocate. Immediately thereafter, the
application was filed. It is further the case of the applicants
that the applicants are rustic villagers and unaware about
the intricacies of law and procedure as regards their
substitution in the present proceedings.
3.1 Reliance is placed on the judgment in the case of
Om Prakash Gupta @ Lalloowa (Now Deceased) V/s Satish
Chandra (Now deceased) : Rooprani (Now Deceased), reported
in 2025(0)AIJELSC 74715 = 2025(0) AIR(SC) 1201.
3.2 By referring to the above averments made in the
application, Mr.Henil Shah, learned advocate for the
applicants urged that the delay be condoned.
NEUTRAL CITATION
C/CA/3819/2025 ORDER DATED: 12/11/2025
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3.3 Though served in the proceedings before the
Tribunal, so also before this Court, the respondent nos.1 and
2 have chosen not to enter appearance.
3.4 Mr.Vibhuti Nanavati, learned advocate appearing
for the respondent no.3 has fairly submitted that there is no
objection if the delay is condoned.
4. Heard learned advocates for the respective parties.
The captioned appeal was filed by the original claimants.
During the pendency of the appeal, the sole appellant passed
away on 1.2.2016. It is the case of the applicants that the
applicants are the heirs being mother and major brothers,
respectively of the sole appellant. Emphasis is laid that the
factum of demise of the appellant was brought to the notice
of the learned advocate and when certain inquiries were
made, it was informed that the death certificate and pedigree
shall be necessary. Accordingly, steps were taken for
procuring the same which are placed on record. It is the
specific case of the applicants that they are rustic villagers
unaware of intricacies of laws, so also the procedure as
regards substitution.
5. In view of the above, the explanation deserves
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C/CA/3819/2025 ORDER DATED: 12/11/2025
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acceptance. Delay is required to be condoned. Accordingly, the
captioned application for condoning the delay in preferring
application for setting aside the abatement is hereby allowed.
Rule is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J)
(NISHA M. THAKORE,J)
SRILATHA
