Dileshbhai Dineshbhai Bariya vs Padmavati D/O Govinddas Maru And W/O ...
2025 Latest Caselaw 6512 Guj

Gujarat High Court

Dileshbhai Dineshbhai Bariya vs Padmavati D/O Govinddas Maru And W/O ... on 11 September, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                      NEUTRAL CITATION




                              C/FA/2491/2019                           ORDER DATED: 11/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                             R/FIRST APPEAL NO. 2491 of 2019
                                                           With
                                              R/FIRST APPEAL NO. 2492 of 2019
                                                           With
                                       CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                                            In R/FIRST APPEAL NO. 2492 of 2019
                      ================================================================
                                         DILESHBHAI DINESHBHAI BARIYA
                                                     Versus
                               PADMAVATI D/O GOVINDDAS MARU AND W/O DILESHBHAI
                                              DINESHBHAI BARIYA
                      ================================================================
                      Appearance:
                      MR MANAN A SHAH(5412) for the Appellant(s) No. 1
                      MR R D CHAUHAN(6865) for the Defendant(s) No. 1
                      MR YUSUF T PATHAN(6248) for the Defendant(s) No. 1
                      MS.MANJULA R CHAUHAN(6871) for the Defendant(s) No. 1
                      ================================================================
                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                              Date : 11/09/2025
                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This two appeals are filed by the appellant for following prayers:-

"(b) To quash and set aside the impugned judgment and order dated 16.04.2019 passed by the Ld. Principal Family Judge, Surat in HMP/Family Suit No.14/2015, in the interest of justice.

(b) To quash and set aside the impugned judgment and order dated 16.04.2019 passed by the Ld. Principal Family Judge, Surat in HMP/Family Suit No.166/2014."

NEUTRAL CITATION

C/FA/2491/2019 ORDER DATED: 11/09/2025

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2. The appeals came to be admitted by order dated 23.08.2023. It also appears that pending the appeals, mediation was also attempted, which did not give any result. However, today when the matters are taken up for hearing, a death certificate of Dileshbhai Dineshbhai Bariya (appellant herein) has been produced and the Court had adjourned the matter so as to enable the same to be verified.

3. Learned advocate for the appellant has thereafter, upon verification confirmed the death of the appellant. Accordingly, both the appeal would stand abated. Hence, stand disposed of.

4. In view of the order passed in First Appeal, Civil Application does not survive and hence, stand disposed of accordingly.

(A.Y. KOGJE, J)

(NSSG,J) SIDDHARTH