IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1779 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

Approved for Reporting Yes No ==========================================================

BAHADURBHAI MANDABHAI PATEL & ORS.

Versus HEIRS OF LATE NARANBHAI BHAWANBHAI PATEL & ORS.

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

Appearance:

MR. AADIT R SANJANWALA(9918) for the Petitioner(s) No. 1 MR.MRUDUL M BAROT(3750) for the Respondent(s) No.

1.1,1.2,1.3,1.4,2.1,2.3 REFUSED SERVED (N)(10) for the Respondent(s) No.

1.5,1.6,1.7,1.8,1.9,2.2,2.4,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 17/03/2026

JUDGMENT

1. The present petition is filed under Article 227 of the Constitution of India, 1950, by the petitioners - original appellants praying for following prayers:-

"(a) Quash and set aside the order dated 27.07.2023 passed by the Court of the Addl. District & Sessions Judge, Dharampur, Valsad below Exhibit nos. 1 & 18 in Regular Civil Appeal (new) no. 61 of 2020; AT Annexure-'A'

(b) Direct the Court of the Addl. District &

Sessions Judge, Dharampur, Valsad to implead the heirs of the appellant no. 2 - Radiyabhai Mandabhai Patel i.e, the petitioner nos. 2.1 to 2.5 herein in Regular Civil Appeal (new) no. 61 of 2020; AT Annex- 'A'

(c) Direct the Court of the Addl. District & Sessions Judge, Dharampur, Valsad, to restore the Regular Civil Appeal (new) no. 61 of 2020;

AT Annex-'A'

(d) Pending the hearing and final disposal of this petition, the Hon'ble Court may be pleased to Direct the Court of the Addl. District & Sessions Judge, Dharampur, Valsad to restore the Regular Civil Appeal (new) no. 61 of 2020 and also be pleased to direct the Trial Court to implead the heirs of the appellant no. 2 - Radiyabhai Mandabhai Patel ie, the petitioner nos. 2.1 to 2.5 herein in Regular Civil Appeal (new) no. 61 of 2020 AT Annex-'A'

(e) Pass any other and further orders in the interest of justice."

2. Heard learned advocate Mr. Aadit R Sanjanwala for the petitioner and learned advocate Mr. Mrudul M Barot for the respondents.

3. Learned advocate for the petitioners submitted that the petitioner No. 1 and his deceased brother Radiyabhai Mandabhai Patel instituted a Suit claiming to be the co-owners and in possession of the suit property. As the defendant tried to trespass into the suit land, the suit came to be instituted for declaration and permanent injunction seeking prayers of declaration of title, possession and also the deletion of Entry No. 90, 129, and 161 from the revenue records. The suit came to be dismissed by the learned Trial Court by judgment and decree dated 27.07.2023. Being aggrieved and dissatisfied with the judgment and decree, the original plaintiffs filed appeal which came to be admitted on 01.02.2013. Pending the appeal, appellant No. 2 - original plaintiff No. 2 expired on 01.11.2014. After a period of almost 8 years, 3 months, and 22 days, an application seeking impleadment of legal heirs of deceased appellant No. 2 on record, alongwith an application for condonation of delay came to be filed. The learned District Court took a very strange view and abated the entire appeal. Therefore, this petition. The contention of learned advocate for the petitioner is that in the application for condonation of delay, the applicants have asserted that the applicant being appellant No. 1 is aged about 90 years and was not aware about the legal provisions that the heirs of deceased appellant No. 2 are required to be brought on record within the prescribed period of limitation. A reason of Covid 19 pandemic is also assigned in the application. It is contended that the entire appeal would not be abated in the light of the facts of the case. Reliance has been placed on Order 22, Rule 3 of the Code of Civil Procedure, 1908, ("the Code" for short"). It is further contended