IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 243 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/SECOND APPEAL NO. 243 of 2023 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/SECOND APPEAL NO. 243 of 2023 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/SECOND APPEAL NO. 243 of 2023 ========================================================== ZULPUBHAI NAVSYABHAI GAVIT & ANR. Versus RAJUBEN CHANDRUBHAI TUMBDA & ORS. ========================================================== Appearance: MR VIJAY H NANGESH(3981) for the Appellant(s) No. 1,2 MR AMRISH K PANDYA(3219) for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 22/09/2025 ORAL ORDER ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 1. The present application is filed to condone the delay of 200 days in bringing the legal heirs of appellant no.1 on record. 2. Learned advocate for the appellant states that during the pendency of the Second Appeal, the appellant no.1 has expired and since the appellants were of the Village Hanvantchond the present application is filed. 3. Learned advocate for the respondent has fairly stated that he has no objection if the application is allowed. p. 2 4. Having heard learned advocate for the parties and having considered the application, sufficient cause has been stated in the application to condone the delay. The delay is condoned. ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 1. The present application is filed to bring legal heirs of respondent no.1 who has expired on 08.07.2024 and the legal heirs being appellant nos.1.1 to 1.4 are the only legal heirs of appellant. 2. Learned advocate for the appellant has produced death certificate and pedigree along with the application and therefore it has been argued that right to sue survives and therefore they may be joined as legal heirs of appellant no.1. 3. Learned advocate for the respondent has fairly stated that he has no objection if the application is allowed. 4. Having heard learned advocate for the parties, the right to sue survives and in view of the same, the present application is allowed. Necessary amendment to be carried out forthwith. p. 3 ORDER IN SECOND APPEAL NO. 243 of 2023 1. Learned advocate for the appellant has submitted an affidavit which has been signed by the all the appellants. Learned advocate for the appellant identifies the signature of the appellant in the said affidavit, the said affidavit is taken on record. 2. It has been argued that learned advocate for the appellant do not want to pursue the Second Appeal and therefore seeks permission of this Court to withdraw the present Second Appeal. 3. In view of the same, the present Second Appeal is accordingly disposed of as withdrawn. Connected civil applications, if any stands disposed of accordingly. (SANJEEV J.THAKER,J) URIL RANA