Fa No. 1441 of 2025 · Gujarat High Court

Defendant(s) ========================================================== Appearance: MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1 NOTICE UNSERVED for the Defendant(s) No. 3,4 UNSERVED EXPIRED (N) for the Defendant(s) No. 5 VIRAL K VASHI(8220) for the Defendant(s) No. 1,2 ========================================================== CONCILIATION ORDER CIVIL APPLICATION No. 4 OF 2025 (FOR CONDONATION OF DELAY) Learned advocate Ms. Viral K Vashi submits that the delay of 25 days has occured because of death of applicant no. C/FA/1441/2025 CONCILIATION ORDER DATED: 13/12/2025 3- Parmar Falgunkumar Maheshbhai who, expired on

11.06.2025. Considering the above submission of learned advocate Ms. Vashi, the delay of 25 days is condoned. Application is allowed accordingly. CIVIL APPLICATION No. 3 OF 2025 (FOR BRINGING HEIRS)

1. This application is moved by the applicant nos. 1 and 2 stating that they are heirs of applicant no.3 i.e. Parmar Falgunkumar Maheshbhai, who was original respondent no.3 of First Appeal No. 1441 of 2025.

2. Learned advocate Ms. Viral K Vashi requests to allow this application by permitting applicant nos. 1 and 2 to be brought on record as legal heirs and representatives of the applicant no.3. C/FA/1441/2025 CONCILIATION ORDER DATED: 13/12/2025

3. Considering the submission, it appears that this application deserves consideration. Accordingly, the present application is allowed. The applicant nos. 1 and 2 are permitted to be joined as legal heirs of applicant no.3. FIRST APPEAL NO. 1441 of 2025

With the consent of the parties, this matter was taken up for hearing in the Lok Adalat.

Learned advocate for the appellant has tendered withdrawal pursis which is taken on record. She seeks permission to withdraw the appeal as per the pursis.

Permission as prayed for is granted. In view of the pursis submitted by learned advocate for the appellant, this appeal C/FA/1441/2025 CONCILIATION ORDER DATED: 13/12/2025 stands disposed of as withdrawn. Connected civil application, if any, shall stand disposed of. Liberty to revive the appeal, if cross objection is pending.

Since the appeal is withdrawn, the award amount lying with the bank in the form of FDs/ lying either with the Tribunal or with the Nazir Branch of the Tribunal has to disbursed in favour of the claimant after due verification by way of RTGS. However, since respondent no.3 has expired, his share has devolved upon his legal heirs. Respondent nos. 1 and 2 are the real brothers of respondent no.3, and are his only remaining legal heirs. Thus, the share of respondent no. 3 is required to be appropriately apportioned in favour of respondent nos. 1 and 2 equally. Order Accordingly.

Necessary Court fees, if any, be refunded to the C/FA/1441/2025 CONCILIATION ORDER DATED: 13/12/2025 appellant, as per the provisions of Section 21(1) of the Legal Services Authority Act, 1987. Accordingly, the amount should be disbursed to respondent no. 1 and 2.

The order passed in this appeal shall not be treated as precedent in any other matter including any case arising out of the same incident.

The Registry is directed to transmit the record and proceedings to the Tribunal forthwith, if any. (UTKARSH THAKORBHAI DESAI, J) CONCILIATOR (TEJAS MANUBHAI BAROT, SENIOR ADVOCATE) CONCILIATOR PD Original copy of this order has been signed by the Hon'ble Judges.