C/MCA/2364/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 2364 of 2025 In R/CIVIL APPLICATION NO. 3777 of 2024 ============================================= AMAJI VISAJI THAKOR & ANR. Versus ISHABEN SANKABHAI RABARI ALIAS ISHABEN MALJIBHAI RABARI THROUGH LHS & ORS. ============================================= Appearance: MR MAULIK S SHETH(3586) for the Applicant(s) No. 1,2 MR HIREN P VYAS(2269) for the Opponent(s) No. 1.1,1.2,1.3,1.4 MR. MRUGESH A BAROT(6709) for the Opponent(s) No. 14,15 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 13/10/2025 ORAL ORDER 1. Rule returnable forthwith. Learned advocate Mr.Maharshi Shukla for learned advocate Mr.Hiren Vyas waives service of notice of Rule for respondent Nos.1.1 to 1.4. 2. Heard learned advocate Ms.Manika Thakkar for learned advocate Mr.Maulik Sheth for the applicants and learned advocate Mr.Maharshi Shukla for respondent Nos.1.1 to 1.4. 3. Learned advocate Mr.Mrugesh Barot earlier appearing for respondent Nos.14 and 15 again pointed out to this Court that his name is wrongly shown and continued in the matter, inasmuch as, this Court vide its orders dated 17.03.2025 and 25.03.2025 in Civil Application No.3777 of 2024 already deleted original opponent Nos.16 and 17, who are now being shown as opponent Nos.14 and 15 in the present application. Page 1 of 3 C/MCA/2364/2025 ORDER DATED: 13/10/2025 4. Learned advocate Ms.Thakkar states that in future, on any day =xed by this Court, the applicants undertake to proceed with the application and would not commit any such fault in not attending the application. Learned counsel Ms.Thakkar would submit that on suitable terms and conditions and imposing any cost, in the interest of justice, the present application be allowed. 5. Per contra, learned advocate for the opponents would submit that as such this Court vide its order dated 16.04.2025 passed very detailed order wherein conduct of learned advocate for the applicants has been noticed and on all such occasions, they had remained absent in the matter. Further, he has pointed out that despite the order dated 16.04.2025 and having =led the present application on 19.04.2025, it was circulated only in the month of October, 2025 and hence, this Court should not exercise it discretion in favour of the applicants. 6. Having heard learned counsels for the parties, at the outset, the grievance raised by the learned counsel Mr.Barot is well founded and it is accepted. So, opponent Nos.14 and 15 appears to have been wrongly shown in this application, inasmuch as, they are already deleted from the array of parties in the delay condonation application which could be seen from the original copy of the Civil Application for delay. So, respondent Nos.14 and 15 are hereby deleted. 7. This Court would not like to entertain such type of delay tactics used by the applicants, inasmuch as, delay application C/MCA/2364/2025 ORDER DATED: 13/10/2025 is pending since long before this Court and no appropriate steps have been taken by the applicants to serve the unserved respondent. Nonetheless, to avoid any hypertechnical approach and to give one chance to the applicants, this Court exercises its discretion in favour of the applicants herein with the following conditions which are required to be ful=lled by the applicants : (i) The applicants are hereby directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with the Gujarat High Court Legal Service Authority on or before 31.10.2025. (ii) The learned advocates appearing for the applicants shall have to remain present on each and every day of hearing of the delay application and/or appeal proceedings, as the case may be. 8. On ful=lling the aforesaid conditions and depositing the cost within the stipulated time, the present application is hereby allowed in terms of paragraph 8(a). Registry shall restore Civil Application No.3777 of 2024 and F/Appeal from Order No.19179 of 2024 and any application =led in such appeal on getting veri=cation from the learned advocate for the applicants about such compliance. Rule is made absolute, accordingly. (MAULIK J.SHELAT, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 14/10/2025 11:11:55