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CA/1208520/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 12085 of 2008
In
FIRST
APPEAL No. 4373 of 2007
=========================================================
GUJARAT
MINERAL DEVELOPMENT CORPORATION - Petitioner(s)
Versus
TULSABEN
W/O GOVINDBHAI ABJIBHAI & 3 - Respondent(s)
=========================================================
Appearance
:
MR.VARUN
K.PATEL for
Petitioner(s) : 1,
None
for Respondent(s) : 1, 1.2.1,
1.2.2,
1.2.3,
1.2.4,
3,
MR
ANAND R PATEL for
Respondent(s) : 2,
MS
MINI NAIR, AGP for
Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 15/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
Heard
learned counsel for the respective parties.
It
appears that during the pendency of this appeal, the original
respondent No.2 Govindbhai Abjibhai expired on 14-7-2008 and,
therefore, to bring the heirs and legal representatives of the said
deceased on record, this application has been filed on 10-10-2008.
If we calculate the date as 14th, there is no delay and if the date
is taken to be 15th, then there is a delay of one day.
Even otherwise also, there is no objection from the otherside.
Under
the circumstances, heirs of the deceased original respondent No.2
are ordered to be brought on record. Office is directed to amend the
cause title accordingly. This application stands accordingly
allowed.
(R.P.DHOLAKIA,J)
(Z.K.SAIYED,J.)
radhan/
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