C/FA/35/2018 ORDER DATED: 02/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 35 of 2018 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) No.1 of 2023 In R/FIRST APPEAL NO. 35 of 2018 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 3 of 2022 In R/FIRST APPEAL NO. 35 of 2018 ========================================================== VITHALBHAI BAPUBHAI PATEL & ORS. Versus RANCHHODBHAI PUNJABHAI PADHIAR (EXPIRED) & ORS. ========================================================== Appearance: ARCHITA M PRAJAPATI(8241) for the Appellant(s) No.1,2,4,5,6 MR ASHISH M DAGLI(2203) for the Appellant(s) No. 3 MR MP PRAJAPATI(677) for the Appellant(s) No.1,2,4,5,6 MR JIGAR P RAVAL(2008) for the Defendant(s) No. 5 RULE SERVED for the Defendant(s) No. 3,4 UNSERVED EXPIRED (R) for the Defendant(s) No.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 02/07/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI) ORDER IN C.A.1/2023: 1. The affidavit in reply tendered by the learned advocate for the defendant No. 5 is ordered to be taken on record. 2. By this application, the applicant has prayed for condonation of delay of 2145 days in preferring captioned appeal. 3. Having heard learned counsel for the respective parties and considering the averments made in the application, the applicant has established sufficient cause and therefore, delay as mentioned in the delay condonation application, in preferring the captioned appeal deserves to be condoned and is hereby condoned. 4. Accordingly, the present application is allowed in above terms. C/FA/35/2018 ORDER DATED: 02/07/2026 ORDER IN APPEAL: 1. Having heard the learned advocates appearing for the respective parties, the First Appeal as well as the connected Civil Applications are taken up for final hearing today. 2. The broad facts of the case, as they surface from the record, are that the appellant (original plaintiff) has filed Special Civil Suit No. 718 of 2010 seeking specific performance of the contract in reference to the disputed suit property. 3. On admission of the plaint, the process came to be issued to the defendants therein. However, as per the report of the process server, it surfaced that Respondent No.1 had expired. Therefore, Respondent No.2 filed an application vide Exh.30 seeking the abatement of the civil suit on account of the demise of Respondent No.1. The plaintiff also appears to have filed a reply against the application vide Exh.30. 4. It further appears that on being apprised of the demise of Respondent No.1, the plaintiff filed an application vide Exh.35 for bringing the legal heirs of the deceased Respondent No.1 on record. 5. The learned Judge of the Civil Court decided the application below Exh.35 and disposed of the suit as having abated below Exh.1, while allowing the application below Exh.30. 6. It is submitted that since the application seeking to place the legal heirs of the deceased Respondent No.1 was well on record, the learned C/FA/35/2018 ORDER DATED: 02/07/2026 Judge without dealing with the said applications erred in abating the entire proceedings of the suit, thereby depriving the legitimate right of the plaintiff, which otherwise non-suited the applicant. Therefore, the appellant was constrained to challenge the said order by way of filing the present appeal. 7. Furthermore, it appears that on being apprised of the demise of Respondent No.1 during the pendency of these proceedings, the legal heirs of Respondent No.1 were also required to be brought on record. Therefore, the appellant moved this Court by way of filing the present Civil Applications seeking condonation of delay and to bring the respective legal heirs on record. 8. Since the learned advocates for the respective parties have not pressed for reasoned order, having heard the learned advocates appearing for the respective parties and on perusal of the record, it appears that detailed objections have been filed by the other side. However, during the course of hearing, the learned advocates arrived at a consensus that without delving much into the technicalities, and by reserving their right to contest the same before the learned Judge of the Civil Court in all motions including the proceedings of the suit, and learned advocate for the respondent has submitted that his right to raise objections may be kept open, against the withdrawal of the application filed by the other side, as the matter has attained finality and thus, with the aforesaid liberty has finally submitted that necessary orders be passed. 9. Hence, in view of the aforesaid and considering the submissions C/FA/35/2018 ORDER DATED: 02/07/2026 advanced by the learned advocates appearing for the respective parties, so also the grounds agitated in the memo of appeal, followed by the conclusion arrived at by the learned Judge of the Civil Court, we deem it fit to quash and set aside the impugned order dated 30.08.2017 passed below Exh.30, followed by the order passed below Exh.1, abating the Special Civil Suit. 10. Accordingly, the First Appeal is allowed, and the impugned order of abatement is hereby quashed and set aside. The parties are relegated to the learned Judge of the Civil Court. The parties shall be at liberty to move the learned Civil Court, and the learned Judge of the Civil Court, on the receipt of any such motion, shall decide the same while affording an opportunity of hearing to the parties concerned. 11. It is made clear that this Court has not entered into the merits of the matter, and the learned Judge would be free to consider the same on its own merits, without being influenced by the present order. Record and proceedings, if any called for, be transmitted to the concerned Court forthwith. 12. Consequently, connected Civil Applications, if any pending, stand disposed of accordingly, while reserving the liberty to the parties as aforesaid. (ILESH J. VORA,J) (R. T. VACHHANI, J) MVP Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/07/2026 17:15:56