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CA/8044/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 8044 of 2011
In
FIRST
APPEAL No. 1049 of 2011
=========================================================
LEGAL
HEIRS OF DECEASED KANTABEN MANILAL SUKHLAL & 2 - Petitioner(s)
Versus
MANGUBEN
NANALAL PATEL L/H OF DECEASED NANALAL SUKHLAL PATEL & 4 -
Respondent(s)
=========================================================
Appearance
:
MR
PINAKIN B RAVAL for
Petitioner(s) : 1 - 3.
MR SANDIP C SHAH for Respondent(s) :
1,
None for Respondent(s) : 2, 2.2.1,2.2.2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 29/07/2011
ORAL
ORDER
By
way of present application, the applicants have prayed for bringing
the heirs of the respondent No.2 on record as well as for
condonation of delay of 2821 days in that respect.
Having
considered the contentions raised by the learned advocate for the
applicants, averments made in the application and the documentary
evidence produced on record, it transpires that the
respondent No.2-original defendant had expired during the pendency
of the suit. The applicants herein have failed to bring his heirs on
record during the course of pendency of the suit and, therefore,
after such an inordinate delay and particularly when his heirs were
not brought on record during the pendency of the suit, this Court
cannot entertain present application.
For
the foregoing reasons, present application fails and is,
accordingly, rejected.
(K.S.
Jhaveri, J)
Aakar
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