C/SA/9/2011(GJHC240435442011) ORDER DATED: 11/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 9 of 2011 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2012 In R/SECOND APPEAL NO. 9 of 2011 ============================================= PATEL KALUBHAI @ KANTIBHAI BHAGVANBHAI & ORS. Versus LABHUBEN MOHANBHAI PATEL & ANR. ============================================= Appearance: MR MB PARIKH(576) for the Appellant(s) No. 1,2.1,2.2,2.3,2.4,2.5,2.6,3,4,5 MS MAMTA R VYAS(994) for the Respondent(s) No. 1,2 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 11/09/2026 ORAL ORDER 1. As per the office note dated 09.09.2026, it appears that the appellants were requested by the concerned Appellate Court to deposit the amount/expense for preparation of paper- book, whereby the Appellate Court came to know that appellant Nos.1 and 2.4 withdrew Regular Civil Suit No.216 of 2014 and they do not want to proceed further with the present second appeal. So far as the other appellants are concerned, they have not shown their willingness to deposit the said amount. 2. In light of the aforesaid, this Court has no other option but to dismiss the appeal for non-prosecution. Ordered accordingly. 3. Registry is directed to send back the record and proceedings, if any, to the concerned Court. C/SA/9/2011(GJHC240435442011) ORDER DATED: 11/09/2026 4. It is open for the appellants to file an appropriate application seeking restoration of this appeal in case where the appellants will show their willingness to deposit the amount of expenses for preparation of paper-book. (MAULIK J. SHELAT, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 11/09/2026 18:54:52