C/MCA/56/2025 ORDER DATED: 07/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 56 of 2025 In R/CIVIL REVISION APPLICATION NO. 313 of 2014 ================================================================ LEGAL HEIRS AND REPRESENTATIVES OF DECEASED PATEL ULLASBHAI PARSOTTAMBHAI & ORS. Versus PATEL DINESHBHAI RAMBHAI & ORS. =============================================================== Appearance: MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,1.1,1.2,1.3,2,3 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Opponent(s) No. 1 =============================================================== CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 07/11/2025 ORAL ORDER 1. Heard learned advocate Ms.Neha J. Ladhani for learned advocate Mr.Vicky B. Mehta for the applicants. 2. Though served, no one appears for the opponents. 3. This Court passed the following order on 20th January, 2023: “Learned advocate Mr.Love Modi for Mr.K.V.Shelat for the respondent submitted that the parties have settled the matter amicably outside the Court C/MCA/56/2025 ORDER DATED: 07/11/2025 and therefore this petition would not survive. In view of the above submissions, the petition is disposed of accordingly. Notice is discharged. ” 4. Learned advocate Ms.Neha Ladhani for the applicants submitted that the applicants were never aware with regard to the order being passed, however, after the matter was disposed of and the order was received, at that time they came to know regarding the matter having been disposed of and though, no such settlement had ever taken place between the parties and incorrect statement was made on behalf of the opponents. It was therefore submitted that the impugned order may be recalled and the matter may be heard on merits. 5. Relevant averments for not appearing on behalf of the applicants when the order was C/MCA/56/2025 ORDER DATED: 07/11/2025 passed are as under : “4. The applicants state that after they received the copy of the order they had tried to contact their Advocate Shri B. P. Munshi who represents them and at that time applicants came to know that Shri B. P. Munshi had unfortunately passed away. Thus, the Advocate concerned who was appearing for the applicant had passed away and applicant had no knowledge regarding the same and said fact was not brought on record of the Hon'ble court. If such fact was brought on the notice of the Hon'ble court then the court would have issued notice to the applicants but since the said fact was never brought on record, the matter was disposed of relying upon the false statement of the respondent side. 5. The applicants state that the applicant no 2 and 3 had also passed away in the due course. The applicant no 2 namely Bhavnaben Ullasbhai Patel C/MCA/56/2025 ORDER DATED: 07/11/2025 died on 15.09.2018 and the applicant no 3 namely Naineshbhai Kanubhai Patel died on 15 .08.2019. A copy of the Death Certificate of applicant no 2 and 3 is annexed hereto and marked as ANNEXURE-B (colly). 6. The applicants state that later-on, they had tried to collect the papers from the office/house of their Advocate who had unfortunately passed away but the papers were not available. It took some time for tracing the papersbut however, papers were not available from the house of the Learned Advocate. 7. It is submitted that thereafter the applicant had met another Advocate who had collected the papers and thereafter the present application is prepared and filed.” 6. In view of the aforesaid averments, the impugned order dated 20th January, 2023 is hereby recalled and the matter is ordered to C/MCA/56/2025 ORDER DATED: 07/11/2025 be heard on merits. 7. The Misc. Civil Application is accordingly disposed of. (BHARGAV D. KARIA, J) PALAK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALAK RAJUBHAI BRAHMBHATT(HC01391), PRIVATE SECRETARY, at High Court of Gujarat on 10/11/2025 10:53:45