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MCA/720/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 720 of 2010
In
CIVIL
APPLICATION No. 256 of 2007
In
FIRST APPEAL (STAMP NUMBER) No. 2626 of 2006
=========================================================
EXECUTIVE
ENGINEER & 1 - Applicant(s)
Versus
NURALI
SAVA (EXPIRED) - Opponent(s)
=========================================================
Appearance
:
MS
VAIJAYANTI PATHAK, AGP for
Applicant(s) : 1 - 2.
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 06/04/2010
ORAL
ORDER
By
order dated 18/3/2010, the application being Civil Application No.256
of 2007 for condonation of delay came to be rejected for want of
prosecution.
With
a view to affording an opportunity to the applicant to take necessary
steps to bring heirs/legal representatives, but only after providing
correct, latest and complete address and names of heirs/legal
representatives, the order dated 18/3/2001 was passed in Civil
Application No.256 of 2007 in which it is observed that:
Hence,
the same is disposed of at this stage. It is, however, clarified
that if at all the applicant is in a position to get complete and
accurate address as well as the names and other relevant details of
the heirs/legal representatives of the deceased-opponent, then it
will be open to the applicant to prefer, in accordance with and
subject to law limitation, appropriate application for the same
purpose.
Despite
the said observations, the applicant has preferred present
application which does not contain any details about the names and
correct, complete and latest address of the respondents. Hence, this
application does not deserve to be entertained and is dismissed. The
observations made in the earlier order dated 18/3/2010 passed in
Civil Application No.256 of 2007 would still operate for reasonable
time subject to the limitation.
(K.M.THAKER,
J.)
(ila)
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