IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2023 In CIVIL APPLICATION NO.1 of 2022 In F/FIRST APPEAL NO. 10567 of 2020 ================================================================

SHANTIBEN HIRABHAI PATEL WD/O HIRABHAI LIMBABHAI PATEL &

ORS.

Versus CHANDUBHAI LIMBABHAI PATEL & ORS.

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Appearance:

MR. SHIVAM B. PANDIT(18788) for the PETITIONER(s)

MS. MAITRI R MODI(19193) for the PETITIONER(s) No. 3 MR SALIL M THAKORE(5821) for the RESPONDENT(s) No. 22 ===============================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 30/03/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr.Shivam B. Pandit for the applicants and learned advocate Mr.Salil M. Thakore for the respective respondent.

2. Issue Rule, returnable forthwith. Learned advocate Mr.Salil M. Thakore waives service of notice of rule for and on behalf of the respective respondent.

3. This application is filed with a prayer to condone the delay of 1020 days occurred in preferring the Civil Application No.1 of 2022 for bringing legal heirs of respondent Nos.2, 16, 19 and 20, who have expired after the Judgment and Decree passed by the 3^rd Additional Senior Civil Judge, Surat in Special Civil Suit No.247 of 2015 while allowing the application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 below Exh.62 vide order dated 3^rd November, 2017.

4. On perusal of the record, it appears that the respondent No.16-Pravinbhai Chandubhai has expired on 20^th June, 2017 when the Special Civil Suit No.247 of 2015 was pending. Therefore, the Decree passed by the Trial Court is required to be amended by bringing the legal heirs of late Pravinbhai Chandubhai on record by preferring appropriate application by the applicants as per the decision of this Court in case of Dy. Collector and Land Acquisition Officer Versus Patel Parsottambhai Pragjibhai reported in

2019 SCC OnLine Guj 7146

5. So far as bringing legal heirs of the respondent Nos.2, 19 and 20 are concerned, they have expired after 3^rd November, 2017 when the Exh.62 application was allowed by the Trial Court. Therefore, whether the delay occurred in bringing legal heirs of the respondent Nos.2, 19 and 20 on record is required to be condoned or not, is the issue in this application.

6. Considering the averments made in paragraph No.5.1 of the application to the effect that after issuance of notice in the First Appeal, the applicants came to know about the death of the respondent Nos.1, 2, 16, 19 and 20 and therefore the delay of 1020 days has occurred in bringing the legal heirs on record, the same is allowed. Accordingly, the delay of 1020 days occurred in bringing legal heirs of respondent Nos.2, 19 and 20 on record is hereby ordered to be condoned. Rule is made absolute with no orders as to cost.

7. The Civil Application is accordingly, disposed of.

(BHARGAV D. KARIA, J)

(L. S. PIRZADA, J)

PALAK