Jayantibhai Balubhai Ahir & vs Surendrabhai Keshavkant Gramani & 15 on 20 October, 2015

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Gujarat High Court

Jayantibhai Balubhai Ahir & vs Surendrabhai Keshavkant Gramani & 15 on 20 October, 2015

Bench: S.G.Shah

                   C/CA/3000/2015                                              ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 CIVIL APPLICATION (FOR DIRECTION) NO. 3000 of 2015
                              In FIRST APPEAL NO. 3411 of 2007
                                           With
                             CIVIL APPLICATION NO. 7664 of 2015
                In CIVIL APPLICATION (STAMP NUMBER) NO. 7484 of 2015
                                              With
                                FIRST APPEAL NO. 3411 of 2007
                                              With
                CIVIL APPLICATION (STAMP NUMBER) NO. 7484 of 2015
                               In FIRST APPEAL NO. 3411 of 2007
         ==========================================================
                  JAYANTIBHAI BALUBHAI AHIR & 1....Applicant(s)
                                   Versus
             SURENDRABHAI KESHAVKANT GRAMANI & 15....Respondent(s)
         ==========================================================
         Appearance:
         VIRAL K SHAH, ADVOCATE for the Applicant(s) No. 1 - 2
         MR NM KAPADIA, ADVOCATE for the Respondent(s) No. 5 - 9
         MR. NIKUNJ KANARA, ADVOCATE for the Respondent(s) No. 1 - 4 , 10
         ==========================================================

                  CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
                               Date : 20/10/2015
                                        ORAL ORDER

Order in Civil Application no.3000 of 2015

1. Heard learned advocate Mr.Viral K.Shah for the applicants, learned advocate Mr.N.M.Kapadia for the respondents no.5 to 9 and learned advocate Mr.Nikunj Kanara for the respondent no.1 to 4 and 10.

2. Rule. Learned advocates Mr.Kapadia and Mr.Kanara waive service of rule for respective parties.

3. Considering the facts and circumstances narrated in the Civil Application, which are not required to be detailed herein since Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Oct 21 03:05:36 IST 2015 C/CA/3000/2015 ORDER appeal is to be decided on merits and when some of the appellants have settled the dispute with some of the respondents i.e. original plaintiffs and when original plaintiffs have therefore, prayed to transpose those appellants as respondents since now they are challenging the impugned decree, the present Civil Application is allowed as prayed for. Whereas, learned advocate Mr.Kapadia for the original appellants though does not oppose to transpose the appellants as respondents, since appellants themselves are ready for such order, but he is objecting the contents of compromise between the parties for the simple reason that he is not the party to the compromise. It goes without saying that when appellants no.1 to 5 are not party to such compromise, such compromise may not bind and may not restrict their rights in any manner whatsoever.

4. Thereby, original appellants no.6 to 10 in First Appeal are ordered to be transposed as respondents no.9 to 14. Necessary amendment is to be carried out in the memo of First Appeal. Amended copy of pleading is to be supplied to all concerned. Learned advocate Mr.Nikunj Kanara, who is appearing for such litigants in First Appeal waives service of rule for such appellants and continue to appear for such litigants now as respondents as above.

Order in Civil Application no.7664 of 2015 Heard learned advocates for the respective parties and since there is a request to condone the delay in joining legal heirs of respondents no.3 and 4 i.e. for 1667 and 2405 days respectively. Considering the averments in the Civil Application and submissions by both the sides, when sufficient cause is shown for not joining the legal heirs in prescribed period of limitation, the application is allowed as prayed for condoning the delay as referred herein above, Registry shall number the Civil Application (Stamp Number) no.7484 of 2015 today itself.

Page 2 of 3

HC-NIC Page 2 of 3 Created On Wed Oct 21 03:05:36 IST 2015 C/CA/3000/2015 ORDER Order in Civil Application (Stamp Number) no.7484 of 2015 Heard learned advocates for the parties. By way of the present Civil Application, the applicants - appellants have prayed to join legal heirs of respondents no.3 and 4, who died long back. Their death certificates are on record. Details of legal heirs are already disclosed in the application. Therefore, the present Civil Application is allowed as prayed for. The cause-title is to be amended accordingly. Amended copy of pleadings shall be supplied to all concerned.

Let there be fresh rule in main First Appeal upon such newly joined legal heirs, returnable on 4.12.2015. Direct service is permitted.

(S.G.SHAH, J.) binoy Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Oct 21 03:05:36 IST 2015

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