C/CA/519/2026 ORDER DATED: 18/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR RECALL) NO. 519 of 2026 In R/FIRST APPEAL/396/1999 ========================================================== YOGESH RUDARJI DESAI Versus ASPI JAMSHEDJI SANJANA & ORS. ========================================================== Appearance: MR TARAK DAMANI(6089) for the Applicant(s) No. 1 MR ASPI M KAPADIA(1865) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 18/02/2026 ORAL ORDER 1. The present application is filed by the applicant – original appellant seeking following prayers: “(A) Your Lordships be pleased to admit and allow the present application. (B) Your Lordships be pleased to recall order dated 07.01.2026 passed by this Hon’ble Court below First Appeal 396 of 1999. (C) Your Lordships be pleased to issue fresh advocate notice to opponent No. 6 herein i.e. the original respondent No. 6 i.e. Dr. Mahesh Rudarji Desai on the current address which is as follow “10 Vanita Park Bungalows, B/H Ashirwad Palace, Bhattar, Surat 395007.” (D) Your Lordships be pleased to grant any other relief(s) in the facts and circumstances of this case.” p. 1 C/CA/519/2026 ORDER DATED: 18/02/2026 2. Heard learned advocate Mr. Tarak Damani for the applicant – original appellant and learned advocate Ms. Sangini Thakkar for learned advocate Mr. Jay Shah for original respondent Nos. 2.1, 3.1 to 3.4, 5.1 to 5.3 and 7.1 to 7.2. 3. It is submitted that the captioned First Appeal came to be listed for final hearing before this Court on 07.01.2026. The order dated 07.01.2026 reflects that respondent No. 6 has remained unserved since the inception of the First Appeal. However, it appears from the record that respondent No. 6, as well as respondent Nos. 2, 4 and 5, were being represented by learned advocate Mr. A.B. Munshi. It is further submitted that during the pendency of the appeal, respondent Nos. 2, 4 and 5 expired, and the heirs of respondent Nos. 2 and 5 were brought on record. However, the heirs of respondent No. 4 could not be brought on record. It is stated that after the dissolution of his marriage, respondent No. 4 had been residing with the present applicant and, in absence of any contact with his children, the heirs could not be brought on record. So far as respondent No. 6 is concerned, learned advocate Mr. A.B. Munshi filed a note before p. 2 C/CA/519/2026 ORDER DATED: 18/02/2026 the Registry on 08.07.2025 expressing withdrawal of his appearance in the captioned appeal on behalf of the respondents. The learned Additional Registrar (Judicial) accepted the said note, and the office was directed to issue advocate notice to respondent No. 6. The advocate notice came to be issued, however, the bailiff’s report of the year 2025 indicates that the same remained unserved qua respondent No. 6. It is therefore submitted that, in the interest of justice, the order dated 07.01.2026 be recalled, as learned advocate Mr. Jay Shah now has instructions to appear on behalf of respondent No. 6. No other submissions were canvassed by learned advocate for the applicant – original appellant. 4. Per contra, learned advocate for the respondents submitted that they have instructions to appear on behalf of respondent No. 6 and that, in the event the order dated 07.01.2026 is recalled and respondent No. 6 is reflected in the array of parties, appearance on behalf of respondent No. 6 shall be filed before the Registry. No other submissions were canvassed by learned advocate for the respondents. Page 3 of 4 C/CA/519/2026 ORDER DATED: 18/02/2026 5. Considering the averments made in the application and the submissions canvassed by learned advocates for the respective parties, particularly the statement that learned advocate Mr. Jay Shah has instructions to appear on behalf of respondent No. 6, the order dated 07.01.2026 is hereby recalled. The appeal qua respondent No. 6 stands restored to file. Since learned advocate Mr. Jay Shah has instructions to appear on behalf of respondent No. 6, no fresh advocate notice is required to be issued qua respondent No. 6. The present application stands allowed. (D. M. DESAI,J) MUSKAN p. 4 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MUSKAN AJAY MENON(HC02359), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 18/02/2026 17:01:58