Modification of IA Order dtd.

0.6031018075002018 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD [On note for speaking to minutes of order dated 28/01/2026 in R/FA/1874/2001 ]

CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023 In R/FIRST APPEAL NO. 1874 of 2001 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2023 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023 In R/FIRST APPEAL NO. 1874 of 2001 With CIVIL APPLICATION (FOR ABATMENT) NO. 3 of 2023 In R/FIRST APPEAL NO. 1874 of 2001 ==========================================================

TRIVEDI BHARATBHAI CHANDRAKANT & ORS.

Versus MAHENDRABHAI CHANDULAL SHAH & ORS.

==========================================================

Appearance:

ANAND Y TRIVEDI(7692) for the PETITIONER(s) No. 1,2,3,4 DELETED for the RESPONDENT(s) No. 2.1,2.3,2.4,2.6,3.1,3.2 MR RAJESH K SAVJANI(2225) for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 06/02/2026

IA ORDER

No case is made out for speaking to minutes.

In view of this, the note for speaking to minutes is disposed of as rejected. (D. M. DESAI,J)

MUSKAN

0.6031018075002018 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2023 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023 In R/FIRST APPEAL NO. 1874 of 2001 With CIVIL APPLICATION (FOR ABATMENT) NO. 3 of 2023 In R/FIRST APPEAL NO. 1874 of 2001 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023 In R/FIRST APPEAL NO. 1874 of 2001 ================================================================

TRIVEDI BHARATBHAI CHANDRAKANT & ORS.

Versus MAHENDRABHAI CHANDULAL SHAH & ORS.

================================================================

Appearance:

ANAND Y TRIVEDI(7692) for the PETITIONER(s) No. 1,2,3,4 DELETED for the RESPONDENT(s) No. 2.1,2.3,2.4,2.6,3.1,3.2 DS AFF.NOT FILED (N) for the RESPONDENT(s) No.

2.1,2.2,2.3,2.4,2.5,2.6,2.7,3.1,3.2,3.3.1,3.3.2,3.3.3,3.4.1,3.4.2,3.4.3,3.4.4,3.4.

5,3.5,3.6,3.7,3.8 MR RAJESH K SAVJANI(2225) for the RESPONDENT(s) No. 1 NOTICE SERVED BY DS for the RESPONDENT(s) No. 3.5 REFUSED SERVED (N)(10) for the RESPONDENT(s) No.

2.2,2.5,2.7,3.3.1,3.3.2,3.3.3,3.4.1,3.4.2,3.4.3,3.4.4,3.4.5,3.6,3.7,3.8 ================================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 28/01/2026 COMMON IA ORDER ORDER IN CIVIL APPLICATION NO:-2 OF 2023:-

1. 1. This application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 92 days in filing the application for joining legal heirs of appellant in the appeal.

2. Heard learned advocate Mr. A. Y. Trivedi for the applicants.

0.6031018075002018

3. Learned advocate for the applicants has contended that original-appellant has expired on 26.01.2023. The present applicants being the legal heirs of deceased appellant, have moved the application for joining them in the appeal proceedings. It is further contended that the applicants were not aware about the suit and suit proceedings and not aware about the pending issue of partition of properties and therefore, the application could not be moved within the prescribed period of limitation. It is further submitted that there is sufficient cause for not making the application within the prescribed period of limitation. There is lethargy and intentional delay on the part of the applicants, therefore, the present application may be allowed.

4. On the other hand, respondent No.1 has filed reply affidavit and objected in granting the application for delay. It is the averment of the respondent No.1 in the reply affidavit that there is no sufficient cause made out by the applicants and applicants were aware about the proceedings and they remained

0.6031018075002018 negligent in not moving the application within the prescribed period of limitation.

5. Having considered the submissions of learned advocate for the applicants and the averments made in the application as well as on appreciation of reply a