C/SA/100/2016(GJHC240446032016) ORDER DATED: 21/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 100 of 2016 ============================================= PATEL BHOGILAL MOTIRAM & ORS. Versus PATEL BABUBHAI MAGANBHAI ============================================= Appearance: MR DILIP L KANOJIYA(3691) for the Appellant(s) No. 1,2,3 MR MANISH J PATEL(2131) for the Respondent(s) No. 1 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 21/09/2026 ORAL ORDER 1. As per the office note dated 17.09.2026, it appears that the appellants were requested by the concerned Appellate Court to deposit the amount/expense for preparation of paper- book, whereby the Appellate Court came to know that appellant No.1 has died, appellant No.2 is residing abroad and appellant No.3, has not shown willingness to deposit the said amount, in spite of service of notice. 2. In light of the aforesaid and since no application has been filed to bring the heirs and legal representatives of the deceased appellant No.1 on record, the present appeal stands abated qua appellant No.1. As far as appellant Nos.2 and 3 are concerned, they have shown their unwillingness to deposit the said amount, hence, this Court has no other option but to dismiss the appeal qua them for non-prosecution. Ordered accordingly. 3. Registry is directed to send back the record and proceedings, if any, to the concerned Court. C/SA/100/2016(GJHC240446032016) ORDER DATED: 21/09/2026 4. It is open for the appellants to file an appropriate application seeking restoration of this appeal in case where the appellants will show their willingness to deposit the amount of expenses for preparation of paper-book. (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 23/09/2026 11:33:21