Gujarat High Court
Bihola Udesang Alias Udaji Nanaji vs Kantilal Kachardas Patel on 26 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4962/2019 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4962 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 4962 of 2019
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BIHOLA UDESANG ALIAS UDAJI NANAJI
Versus
KANTILAL KACHARDAS PATEL & ORS.
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Appearance:
MR MB GOHIL(2702) for the Appellant(s) No. 1
MR MJ PARIKH(577) for the Defendant(s) No. 1,2
MS DIMPLE M PARIKH(7500) for the Defendant(s) No. 1,2
MS SHACHI G MATHUR(3069) for the Defendant(s) No. 3
SIMPLE M PARIKH(8370) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 26/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This Appeal under Section-96 of the Code of Civil
Procedure, 1908 is preferred against the judgment and
order dated 10.05.2019 in Special Civil Suit No.18 of 2017.
The impugned judgment and order is also a subject matter
of challenge in First Appeal No.4454 of 2022 preferred by
one Baldevji Ramajibhai Thakor who is the original
opponent no.2. The appellant before this Court is original
defendant no.1. It is reported that the appellant in the
NEUTRAL CITATION
C/FA/4962/2019 ORDER DATED: 26/09/2025
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present Appeal has expired on 16.03.2022. The learned
advocate for the appellant Mr. M B Gohil places on record
the copy of the death certificate of the original appellant.
The learned advocate confirms the aforesaid fact and also
confirms that no legal representative has come forward to
espouse the cause of the present Appeal.
2. However, before the Court would proceed to declare the
Appeal to have abated, the learned advocate for the
defendant no.2- Baldevji Ramjibhai Thakor, who is a
subsequent purchaser, has drawn the attention of this
Court to the pending First Appeal No.4454 of 2022 which
on account of change in the jurisdiction (pecuniary) is
being listed before the bench of the Learned Single Judge
of this Court.
3. He has also submitted that any order including declaring
the Appeal having abated will have adverse impact on the
pending appeal preferred by his client and pending before
the Learned Single Judge. If that is so, then the Court may
hereby clarify that the declaration of the present Appeal
having abated on account of the death of the original
appellant and the legal representative not prosecuting the
NEUTRAL CITATION
C/FA/4962/2019 ORDER DATED: 26/09/2025
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same any further, will not have any effect on the merits of
the pending First Appeal No.4454 of 2022.
4. In view of the aforesaid, the present First Appeal stands
disposed of, as having abated.
5. In view of the disposal of the present First Appeal, the
connected Civil Application No.1 of 2019 also stands
disposed of, accordingly.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
JIGAR J RABARI
