C/AO/93/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 93 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 93 of 2025 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025 In R/APPEAL FROM ORDER NO. 93 of 2025 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2025 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025 In R/APPEAL FROM ORDER NO. 93 of 2025 ========================================================== VIJAYBHAI SAIYEDBHAI BHOGEKAR HAVING DIED THROUGH LEGAL HEIR Versus AHMEDABAD MUNICIPAL CORPORATION THROUGH DEPUTY MUNICIPAL COMMISSIONER (NORTH ZONE) & ANR. ========================================================== Appearance: MR KV SHELAT(834) for the Appellant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 09/05/2025 ORAL ORDER ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2025 1. Learned advocate Mr.S.H.Virk for learned advocate Mr.G.H.Virk submits that he has instruction to appear on behalf of the respondent – Corporation and he may be permitted to file his Vakalatnama on behalf of the respondent C/AO/93/2025 ORDER DATED: 09/05/2025 – opponent – Corporation. Permission, as sought for, is granted. 2. Rule returnable forthwith. Learned advocate Mr.G.H.Virk waives service of Rule on behalf of the opponent. 3. Heard learned advocates for the respective parties. 4. After going through the averments made in the application, sufficient cause is made out. The delay in filing the application to bringing legal heirs of deceased – plaintiff is hereby allowed in terms of para 5(B). Rule is made absolute to the aforesaid extent. ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025 1. Rule returnable forthwith. Learned advocate Mr.G.H.Virk waives service of Rule on behalf of the opponent. 2. The present application is filed by the legal heirs of deceased plaintiff - appellant and as the cause is survived in favour of the present applicants, who happens to be legal heirs C/AO/93/2025 ORDER DATED: 09/05/2025 of original plaintiff. 3. Considering the averment made in the application and after hearing the learned advocates for the respective parties, the application requires to be allowed, which is hereby allowed in terms of para 5(A). Rule is made absolute to the aforesaid extent. ORDER IN APPEAL FROM ORDER NO. 93 of 2025 1. Heard learned advocate Mr.K.V.Shelat for the appellant and learned advocate Mr.S.H.Virk for learned advocate Mr.G.H.Virk on behalf of the respondent – Corporation. 2. At the outset, learned advocate Mr.K.V.Shelat would submit that the facts, which are germane in the present appeal, are similar to a cognate appeal, which was disposed of by this Court vide its order 05.05.2025 in Appeal from Order No.34 of 2025 and other connected matter. So, he would request to pass similar order in the present case. 3. Per contra, learned advocate Mr.S.H.Virk for learned C/AO/93/2025 ORDER DATED: 09/05/2025 advocate Mr.G.H.Virk would submit that as such, there is no dispute about having similarity between the two suit of appeal. Nonetheless, he would submit that the stand of the Corporation remains the same in all respective matters and the submission made by him in those appeals may be taken note of this Court while dismissing of the same. 4. In light of the aforesaid facts and circumstances of the case, at this stage, learned counsel Mr. Shelat, under the instructions of his client, would not press the present appeals. 5. In view of the of above, it would be open for the plaintiffs of respective suits to approach the respondent corporation by way of necessary applications along with relevant documentary evidence showing the possession over the suit land and any other requirement sought by the corporation which may be necessary for rehabilitation of the habitants, either providing any alternative accommodation or in situ accommodation as the case may be, subject to fulfillment of requirement by each plaintiffs. C/AO/93/2025 ORDER DATED: 09/05/2025 6. In view of the aforesaid observations, discussion and findings present appeal from orders are disposed of. It is made clear that this Court has not entered into merits of the suit. 7. In view of disposal of main Appeal from orders, Civil Applications do not survive and disposed of accordingly. (MAULIK J.SHELAT,J) MOHD MONIS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHD MONIS(HC01900), PRIVATE SECRETARY, at High Court of Gujarat on 09/05/2025 19:42:00