C/FA/2104/2025(GJHC240285292025) ORDER DATED: 07/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2104 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/FIRST APPEAL NO. 2104 of 2025 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026 In R/FIRST APPEAL NO. 2104 of 2025 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2026 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026 In R/FIRST APPEAL NO. 2104 of 2025 ========================================================== CHETAN GOVINDLAL BHAVSAR Versus THE PANCHMAHAL DISTRICT CO-OP MIL MANUFACTURING SANGH LTD. & ANR. ========================================================== Appearance: MR.HARDIK B SHAH(3751) for the Appellant(s) No. 1 MR CHIRAG B PATEL(3679) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 07/09/2026 ORAL ORDER ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2026 1. Draft amendment stands allowed. Amendment to be carried out forthwith. 2. The present application has been preferred seeking condonation of delay of 112 days caused in preferring the application for bringing the legal heirs of original opponent No.1/sole appellant – Mr. Chetan Govindlal Bhavsar on record on account of his death. 3. Heard learned counsels for the parties. C/FA/2104/2025(GJHC240285292025) ORDER DATED: 07/09/2026 4. Mr. Hardik B Shah, learned counsel for the applicants submitted that due to the lack of legal awareness of the applicants and the considerable time consumed in contacting their advocate and supplying necessary papers, the application for bringing the legal heirs of the deceased could not be preferred within the period of limitation. He further submitted that the delay is neither intentional nor malafide, but has occasioned owing to the reasons mentioned in detail in the instant application. 5. In response, Mr. B. S. Patel, learned Sr. counsel assisted by Mr.Chirag B. Patel, learned counsel for respondent No.1 submitted that he has no objections if the delay is condoned and the captioned application is allowed. 6. This Court has considered the submissions advanced by the learned counsels for the parties and has gone through the material available on record. It prima facie appears to this Court that the delay is neither intentional nor malafide. Thus, in view of the law laid down by the Hon’ble Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353] and having regard to the grounds pressed into service, I am of the considered view that the delay has been sufficiently explained. Therefore, the delay occurred in preferring the application for bringing the legal heirs of the deceased on record is hereby condoned. 7. In view of the above, the present application stands disposed of. No order as to costs. C/FA/2104/2025(GJHC240285292025) ORDER DATED: 07/09/2026 ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 OF 2026 1. The captioned Civil Application has been preferred for bringing the legal heirs and representatives of original opponent No.1/sole appellant – Mr. Chetan Govindlal Bhavsar on record. 2. Heard learned counsel for the parties. 3. Mr. Hardik B Shah, learned counsel appearing on behalf of the applicants submitted that original opponent No.1/sole appellant – Mr. Chetan Govindlal Bhavsar had expired on 23.12.2025, leaving behind legal representatives as narrated in para 3 of the instant application. He further submitted that the Death Certificate of the deceased is produced on record along with this application. He prayed that the legal representatives of the deceased may be brought on record. 4. Mr. B. S. Patel, learned Sr. counsel assisted by Mr.Chirag B. Patel, learned counsel for respondent No.1 submitted that considering the facts and circumstances of the case, an appropriate order may be passed. 5. Having considered the submissions advanced by the learned advocate for the parties and having gone through the papers filed along with this application, it appears from the Death Certificate that the deceased had expired on 23.12.2025. Perusal of the application transpires that the deceased had left behind legal representatives, as narrated in para 3 of the instant application. Further, the right to sue still survives, therefore, the instant application deserves to be allowed. C/FA/2104/2025(GJHC240285292025) ORDER DATED: 07/09/2026 Accordingly, the abatement is set aside, and the legal representatives of the deceased are ordered to be brought on record. 6. Applicants are directed to carry out the necessary amendments forthwith. 7. Registry is directed to take necessary steps to reflect the names of newly impleaded legal heirs in the array of parties in the First Appeal. ORDER IN R/FIRST APPEAL 1. Heard learned counsel for the parties. 2. Mr. Hardik B Shah, learned counsel appearing on behalf of the appellants has placed an affidavit preferred by the legal heirs of the sole original appellant on record and invited the attention of this Court to para No.2 of the said affidavit, wherein the legal heirs of the sole original appellant has deposed that they do not want to proceed with this appeal further and has sought permission of this Court to withdraw the captioned appeal. Having placed reliance upon the affidavit preferred by the legal representatives of the appellants, learned counsel for the appellants prayed for permission to withdraw the captioned First Appeal. 3. In response, Mr. B. S. Patel, learned senior counsel assisted by Mr.Chirag B. Patel, learned counsel for respondent No.1 submitted that the appeal may be permitted to be withdrawn, without prejudice to their right to file execution proceedings before the Court of competent jurisdiction. C/FA/2104/2025(GJHC240285292025) ORDER DATED: 07/09/2026 4. Having heard the submissions advanced by the learned counsels for the parties and having gone through the affidavit preferred by the legal heirs of the sole appellants, the permission for withdrawal of the captioned appeal as sought for by the learned counsel for the appellants is hereby allowed, without causing prejudice to the right and contention of the respondent No.1/decree holder and Judgment Debtor. Consequently, the First Appeal and pending Civil Application (FOR STAY) No. 1 of 2025 stand dismissed as withdrawn. (MOOL CHAND TYAGI, J) ARUN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ARUN B(HC02368), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 08/09/2026 11:26:38