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CA/6561/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 6561 of 2008
in
SECOND
APPEAL No. 16 of 2005
=========================================================
STATE
OF GUJARAT & 5 - Petitioner(s)
Versus
MOTILAL
MAVJIBHAI CHAVDA - Respondent(s)
=========================================================
Appearance :
MS
BHAVIKA KOTEHCA, AGP for Applicant(s) : 1 - 6.
None for
Respondent(s) : 1,1.2.1
RULE SERVED for Respondent(s) : 1.3.1
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 10/09/2008
ORAL
ORDER
Leave
to amend the memorandum of the Civil Application is granted. The
learned Assistant Government Pleader may make the necessary amendment
forthwith.
This
application has been filed by the applicants with a prayer to condone
the delay caused in filing the application and to bring the heirs and
legal representatives of the deceased respondent No.1 Rajput
Gambhirsingbhai Bhupatbhai (Bhatti) on record of Second Appeal No.16
of 2005.
I
have heard Ms.Bhavika Kotecha, learned Assistant Government Pleader
for the applicants and have gone through the averments made in the
application.
It
is submitted by the learned Assistant Government Pleader that the
respondent No.1 – Rajput Gambhirsingbhai Bhupatbhai (Bhatti) expired
on 15.10.2005. It is stated that Muktaben, widow of Rajput
Gambhirsingbhai Bhupatbhai (Bhatti) (respondent No.1/1 herein) has
also expired on 9.2.2007, and as she had no issue, the only surviving
legal representative of deceased respondent No.1-Rajput
Gambhirsingbhai Bhupatbhai (Bhatti) would be Motilal Mavjibhai
Chavda, who is reflected as reflected as respondent No.1/1/1 in the
cause-title of the application. The averments made in the application
reveal that the said respondent No.1/1/1 is the legal
representative of deceased Rajput Gambhirsingbhai Bhupatbhai (Bhatti)
by way of a Will executed by the deceased Rajput Gambhirsingbhai
Bhupatbhai (Bhatti).
In
view of the submissions made by the learned Assistant Government
Pleader and the averments contained in the application, the prayers
made in the application deserve to be granted. Accordingly, the
application is allowed. The delay caused in filing the present
application is condoned. The respondent No.1/1/1 may be shown as the
legal representative of the deceased respondent No.1 in the
cause-title of Second Appeal No.16 of 2005. Rule is made absolute. No
costs.
(Smt.Abhilasha Kumari, J.)
(sunil)
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