Gujarat High Court
Decd Shaikh Ismailbhai Hushainbhai ... vs Vankar Ambalal Dhanabhai on 18 August, 2021
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/CA/775/2021 ORDER DATED: 18/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 775 of 2021
In F/SECOND APPEAL NO. 29440 of 2020
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DECD SHAIKH ISMAILBHAI HUSHAINBHAI THROUGH LH
Versus
VANKAR AMBALAL DHANABHAI
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Appearance:
MR. MEHUL SHARAD SHAH, SR. ADVOCATE WITH KAMAL J
UPADHYAYA(7469) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
MR.ADITYA J PANDYA(6991) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6
MR MUHAMMAD ISA M HAKIM(10874) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 18/08/2021
ORAL ORDER
Heard learned senior advocate Mr. Mehul Sharad Shah with learned advocate Mr. Aditya Pandya for the applicants and learned advocate Mr. M. T. M. Hakim for the respondent.
2. By way of this civil application, the applicant Nos. 1.1 to 1.6 have prayed to grant leave to file appeal against judgment and decree dated 24.8.2020 passed by learned 13th Additional District Judge, Vadodara, in Regular Civil Appeal No. 330 of 2019. By the said judgment and order in Regular Civil Appeal, learned District Judge confirmed order dated 24.10.2019 passed by learned 13th Additional Sr. Civil Judge, Vadodara in Special Civil Suit No. 78 of 2019.
3. The applicants have stated that at the time of passing of the judgment and decree, the original plaintiff was alive and had contested Page 1 of 2 Downloaded on : Thu Oct 07 17:26:30 IST 2021 C/CA/775/2021 ORDER DATED: 18/08/2021 the proceedings, however, after passing the judgment and decree in the Regular Civil Appeal and before the filling of the present proposed appeal, the predecessor applicant died on 27.9.2020. It is submitted that therefore the applicants want to challenge the impugned judgment and decree. The name of the applicants were not being shown as parties, since the original plaintiff was alive.
4. The applicants are the heirs of the deceased plaintiff. The death certificate is also produced.
5. The applicants who are the heirs of the deceased plaintiff want to continue with the cause and seek leave to file appeal. The plaintiff died after the impugned judgment and decree was passed by the first appellant court, however before filling of the present proposed appeal.
6. In the facts of the present case, the applicants could be granted leave to file the appeal. This application is allowed in terms of prayer 8(A).
7. Civil Application stands disposed of accordingly.
(N.V.ANJARIA, J) C.M. JOSHI Page 2 of 2 Downloaded on : Thu Oct 07 17:26:30 IST 2021