Rameshbhai M Patel Since Deceased Thr Lrs. 1-Daxa Ramesh Patel And ORS. v. Gopalbhai Ravibhai Patel Since Deceased Through Liluben Gopalbhai Patel

2025:BHC-AS:37891 Sayyed 26-IA.11515.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11515 OF 2025 IN FIRST APPEAL NO.612 OF 2016 Rameshbhai M. Patel (since deceased) through legal heirs :

Daxa Ramesh Patel & Ors.

...Applicants/Appellants

Versus

Gopalbhai Ravibhai Patel (since deceased) through Liluben Gopalbhai Patel

...Respondent

_____________________________________________________ Mr. Shrishailya S. Deshmukh for the Applicants/Appellants. _____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATED :

10 SEPTEMBER 2025 P.C.:

1.

This Interim Application is filed for restoration of the First Appeal which was dismissed for non-prosecution vide order dated 26 February 2025. In paragraph 3 of the application, it is stated that the Advocate who had filed the appeal has expired. Furthermore, the Original Appellant also expired on 4 December 2024. Therefore, the legal heirs of the Appellant were not aware about the status of this appeal.

2.

I have perused the application and being satisfied with the reasons given for restoration, First Appeal No.612 of 2016 is restored. Furthermore, the legal heirs are permitted to be brought on record. The amendment to be carried out forthwith.

3.

In view of above, the Interim Application is allowed in terms of prayer clauses (a) and (b).

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 11/09/2025 18:57:53