Harishbhai Shantila Rana vs Ramanlal Ratilal Rana
2026 Latest Caselaw 178 Guj

Gujarat High Court

Harishbhai Shantila Rana vs Ramanlal Ratilal Rana on 20 January, 2026

                                                                                                                      NEUTRAL CITATION




                               C/SA/435/2018                                         ORDER DATED: 20/01/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/SECOND APPEAL NO. 435 of 2018

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                                                 HARISHBHAI SHANTILA RANA
                                                           Versus
                                                RAMANLAL RATILAL RANA & ANR.
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                       Appearance:
                       MR KASHYAP R JOSHI(2133) for the Appellant(s) No. 1
                       MR YOGEN N PANDYA(5766) for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 20/01/2026

                                                            ORAL ORDER

This second appeal at the stage of admission is filed challenging the judgment and order passed by the learned Additional District Judge, Bharuch in Regular Civil Appeal No.42 of 2007, whereby the learned appellate Court, principally decided the appeal on the ground that it is abated as one of the respondents Gitaben expired during pendency of the appeal and application to bring her legal heirs is also dismissed by the learned appellate Court.

Learned advocates appearing for the respective parties referred to the judgment in case of Kishorilal (D) Thr Lrs. Vs. Gopal, 2026 JX (SC) 47, more particularly, para 36 and 37 thereof, jointly request to quash and set aside the impugned judgment and order passed by the learned appellate Court and remand the matter back to the learned appellate Court for fresh hearing.

NEUTRAL CITATION

C/SA/435/2018 ORDER DATED: 20/01/2026

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Without entering into the merits of the case, present second appeal is allowed and impugned judgment and order passed by the learned Additional District Judge, Bharuch in Regular Civil Appeal No.42 of 2007 so also order dismissing application to bring her legal heirs of respondent Gitaben are hereby quashed and set aside.

Regular Civil Appeal No.42 of 2007 as well as application to bring her legal heirs of respondent Gitaben are restored to its original proceedings.

The learned appellate court is directed to decide the RCA as well as application to bring her legal heirs of respondent Gitaben as early as possible, preferably within nine months from the date of receipt of this order.

The learned appellate Judge shall decide the matters on its own merit without influenced by the observations recorded in the impugned order and the observations recorded in this order. The parties are directed to cooperate with the learned appellate Judge and shall not seek unnecessary adjournments for expeditious disposal of the suit.

It is clarified that this Court has not examined the merits of the matter and therefore, all the contentions of both the parties are kept open to be agitated before the appropriate Court.

Before parting with the order, this Court expressed dis-

NEUTRAL CITATION

C/SA/435/2018 ORDER DATED: 20/01/2026

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pleasure with the findings of the learned appellate Court in para 11 of the impugned judgment and order. This kind of finding does not befit to the judicial discipline and therefore, such kind of findings recorded in para 11 of the impugned judgment and order is hereby discarded while remanding the matter to the learned appellate Court.

R & P be remitted back to the concerned Court.

(J. C. DOSHI,J) SHEKHAR P. BARVE