C/CA/1052/2024 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 1052 of 2024 In F/FIRST APPEAL NO. 6450 of 2024 ========================================================== DINKARBHAI BHAGWANDAS DALWADI (EXPIRED) & ORS. Versus DASHRATHBHAI HIRABHAI PATEL (PARTNER OF KANSAWALA ESTATE) ========================================================== Appearance: ABATED for the Applicant(s) No. 1.1,1.2,1.3,1.4 DECEASED LITIGANT for the Applicant(s) No. 1 MR ASHOK N PARMAR(2431) for the Applicant(s) No. 2,3,4,5 ========================================================== CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 16/10/2025 ORAL ORDER 1. Heard learned advocate Mr. Ashok N. Parmar for the applicants. 2. Learned advocate for the applicants has submitted that appellant Nos.2 to 5 are original defendant Nos.2 to 5. The leave to appeal came to be filed by the original defendant No.2 (appellant Nos.2 to 5) along with the heirs of original defendant No.1-Dinkarbhai Bhagwandas Dalwadi, the leave to appeal qua heirs of original defendant No.1 came to be dismissed on the ground of non-filing for condonation of delay. However, inadvertently, the Registry dismissed First Appeal of respondent C/CA/1052/2024 ORDER DATED: 16/10/2025 Nos.2 to 5. Thereafter, appellant Nos.2 to 5 filed Miscellaneous Civil Application (for recall) No.2764 of 2024), wherein by order dated 08.08.2025, First Appeal is restored qua appellant Nos.2 to 5. In view of the fact that the First Appeal qua appellant Nos.2 to 5 has been resotered, Civil Application 1052 of 2024 (leave to appeal) is not required to be heard and decided. However, by mistake, the Civil Application (for leave to appeal) is listed. It is therefore, submitted that Registry may be directed to list First Appeal No.6450 of 2024 for admission. 3. Considering the aforesaid submissions made by learned advocate for the applicant and record reveals that Civil Application 1052 of 2024 (leave to appeal) came to be rejected by this Court vide order dated 17.09.2024 and thereafter vide order dated 28.10.2024 First Appeal came to be dismissed by learned Additional Registrar (Judical) of this Court. Pursuant to the order dated 08.08.2025, the appeal came to be restored qua appellant Nos.2 to 5, therefore, Registry is directed to list the C/CA/1052/2024 ORDER DATED: 16/10/2025 First Appeal No.6450 of 2024 for admission as the Civil Application 1052 of 2024 (leave to appeal) has already been disposed of vide order dated 17.09.2024. 4. In view of the above, the present application stands disposed of. (D. M. DESAI,J) RINKU MALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RINKU MALI(HC01574), PRIVATE SECRETARY, at High Court of Gujarat on 16/10/2025 17:00:34