DALSUKHBHAI PARSOTTAMBHAI PATEL Vs. UMABEN JORABHAI PATEL

JUDGEMENT

(1.) Mr.D.G.Shukla, learned advocate for the respondent, states that during pendency of these proceedings, the appellant - petitioner namely Dalsukhbhai Parsottambhai Patel has passed away on 20/11/2019. He states that he has supplied a copy of death certificate along with a letter dtd. 19/7/2022 with regard to the death of the appellant - petitioner and the details of legal heirs of the appellant - petitioner. He further states that surname of the appellant - petitioner is mentioned 'Makhlaepara' in the death certificate and by Government Gazette dtd. 15/2/1990 issued by the Government of Gujarat, surname of the appellant - petitioner has been changed from 'Makhlaepara' to 'Patel'. Copies of death certificate, letter dtd. 19/7/2022 and Government Gazette dtd. 15/2/1990 issued by the Government of Gujarat produced by Mr.D.G.Shukla, learned advocate, are taken on record.

(2.) Today, when these proceedings called out, a request on behalf of Mr.B.M.Magukiya was made to keep these proceedings in second session. Even in second session, a request is made by Ms. Zakiya Malek, learned advocate for Mr. B.M.Mangukiya for an adjournment.

(3.) We declined the request for adjournment in view of the fact that though Mr. Shukla, learned advocate for the respondent, has informed to Mr.B.M.Mangukiya, learned advocate for the appellant - petitioner, about the death of sole appellant - petitioner along with the details of legal heirs of the appellant - petitioner, no action in the nature of filing an application for bringing the legal heirs of the appellant - petitioner is circulated and adjournment is sought time and again. We, therefore, dismiss these appeals as well as petition having been abated. However, if an application for restoration of all the proceedings along with application for bringing the legal heirs of the appellant - petitioner is filed within reasonable time, the same shall be considered.