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2003 DAILYLAW 746 (GUJ)

ARAB ABDULLA IBRAHIM v. ARAB UMAR IBRAHIM DECD.THROUGH THE LRS

FA/565/2003 · 2026-07-27

J C Doshi

body2003

Judgment text

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C/FA/565/2003 ORDER DATED: 27/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 565 of 2003 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023 In R/FIRST APPEAL NO. 565 of 2003 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023 In R/FIRST APPEAL NO. 565 of 2003 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023 In R/FIRST APPEAL NO. 565 of 2003 ========================================================== ARAB ABDULLA IBRAHIM & ANR. Versus ARAB UMAR IBRAHIM DECD.THROUGH THE LRS & ORS. ========================================================== Appearance: DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Defendant(s) No. 1,2,3,4,5,6,6.4,6.7 MR AMAN A SAMA(11691) for the Defendant(s) No. 4.3,4.4 MR CH VORA(980) for the Defendant(s) No. 1.6 MR.HIREN M MODI(3732) for the Defendant(s) No. 1.2,1.4,1.5 NOTICE SERVED for the Defendant(s) No. 1.1,1.3 REFUSED SERVED (R)(70) for the Defendant(s) No. 2.2,2.3,2.4,2.5,2.6 RULE SERVED for the Defendant(s) No. 2.1,2.7,3.4,4.5,5.1,5.2,6.1,6.2,6.3,6.4.1,6.4.2,6.4.3,6.4.4,6.4.5,6.5,6.6,6.7.1 RULE SERVED BY DS for the Defendant(s) No. 3.2,3.3,3.5,6.8 UNSERVED EXPIRED (N) for the Defendant(s) No. 4.2 UNSERVED EXPIRED (R) for the Defendant(s) No. 3.1,4.1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 27/07/2026 ORDER C/FA/565/2003 ORDER DATED: 27/07/2026 1. Learned Advocate Mr. Aman A Sama appearing for the petitioners of Civil Application No.1 of 2025 and Civil Application No.2 of 2025, having not pressed the same, under instructions submits that they are not objecting to the impugned judgment and decree. The sole object of preferring these two petitions was to expedite the proceeding for partition decree. 2. In the aforesaid circumstances, Civil Application No.1 of 2025 and Civil Application No.2 of 2025 are disposed of as not pressed. Consequently, first appeal stands abated. Interim relief, if any, stands discontinued. 3. Needless to state that the partition decree which was passed way back on 19.10.2002, be executed in letter and spirit and within the time bound manner. The learned trial Court, therefore, is directed to see and supervise the execution of the partition decree in accordance with law and shall further ensure that the execution of the partition decree be done in a time bound manner. If the decree is required to be executed for agricultural land, concerned Collector is directed to carry out the proceeding in a time bound manner. 4. Record and proceeding to be sent back to the concerned Court forthwith. (J. C. DOSHI,J) PARMAR KRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/07/2026 16:13:33