Gujarat High Court
Moghibai Widow Of Madhavdas Ravji vs Shantiben Wd/O Deceased Chhabildas ... on 1 July, 2023
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/FA/1313/1985 ORDER DATED: 01/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1313 of 1985
With
CIVIL APPLICATION NO. 1 of 1987
In
R/FIRST APPEAL NO. 1313 of 1985
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2014
In R/FIRST APPEAL NO. 1313 of 1985
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018
In R/FIRST APPEAL NO. 1313 of 1985
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2023
In R/FIRST APPEAL NO. 1313 of 1985
With
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2014
In R/FIRST APPEAL NO. 1313 of 1985
With
R/FIRST APPEAL NO. 924 of 1986
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2005
In R/FIRST APPEAL NO. 924 of 1986
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2014
In R/FIRST APPEAL NO. 924 of 1986
With
R/CIVIL REVISION APPLICATION NO. 747 of 1992
With
R/CROSS OBJECTION NO. 34 of 2001
In
FIRST APPEAL NO. 1313 of 1985
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MOGHIBAI WIDOW OF MADHAVDAS RAVJI & 7 other(s)
Versus
SHANTIBEN WD/O DECEASED CHHABILDAS RAVJI & 34 other(s)
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Appearance:
MR SAURABH G AMIN(2168) for the Appellant(s) No. 2.1,2.2,2.3
NANAVATI ASSOCIATES(1375) for the Appellant(s) No.
2.1,2.2,2.3,3,4,5,6,7,8
DECEASED LITIGANT for the Defendant(s) No. 12,9
DELETED for the Defendant(s) No. 10,11,2,9.1
JENIL M SHAH(7840) for the Defendant(s) No.
10.1,10.2,12.1,12.2,12.3,23,3,4,5,6
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NEUTRAL CITATION
C/FA/1313/1985 ORDER DATED: 01/07/2023
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MR AJ YAGNIK(1372) for the Defendant(s) No. 13,14,15,16,17,18
MR RM DESAI(293) for the Defendant(s) No. 1
MS MEGHA JANI(1028) for the Defendant(s) No. 22
NOTICE UNSERVED for the Defendant(s) No. 7,8
RULE SERVED BY DS for the Defendant(s) No. 19,20
SERVED BY RPAD (N) for the Defendant(s) No. 21
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 01/07/2023
ORAL ORDER
1. This Court passed the following order on 06.06.2022:
"Learned advocate Mr. Mayur Dhotare for Nanavati Associates for the appellants submitted that as the matter is of 1985, time is required to see that the legal heirs of the deceased-respondents are brought on record and prays for two weeks' time . Learned advocate Mr. Dhotare assured the Court that he will attend the matter on 1 st July,2023 which is a working Saturday.
As a last chance, Stand over to 1 st July,2023."
2. Learned advocate Mr. Mayur Dhotare submitted that he has no instructions to conduct the matter on behalf of the firm which appears for the appellant. He has refused to argue the matter in spite of repeated requests made by the Court. The matter being of 1985, this Court is not inclined to adjourn it for a day. Therefore, the appeal is dismissed for non-prosecution. Rule is discharged.
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NEUTRAL CITATION C/FA/1313/1985 ORDER DATED: 01/07/2023 undefined
3. The firm appearing for the appellant is saddled with cost of Rs. 1 lakh to be deposited with Gujarat State Legal Service Authority as in spite of the assurance given by learned advocate, he is not ready to argue the matter.
4. In view of dismissal of First Appeal, Civil Application would not survive and the same is also dismissed.
(BHARGAV D. KARIA, J) JYOTI V. JANI Page 3 of 3 Downloaded on : Sat Sep 16 20:47:49 IST 2023