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CA/4601/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 4601 of 2011
In
MISC.CIVIL
APPLICATION No. 3584 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5677 of 2009
=========================================
KANTILAL
HARIDAS BADIANI & 2
Versus
ASHOK
VRAJLAL BADIANI & 6
=========================================
Appearance
:
TANNA ASSOCIATES for
Applicants
UNSERVED-EXPIRED (R) for Respondent(s) : 1,
MR PR
ABICHANDANI for Respondent(s) : 1,
RULE SERVED BY DS for
Respondent(s) : 2 - 7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 05/07/2011
ORAL
ORDER
[1] Heard
Mr.Bhaskar Tanna, learned senior advocate for the applicants.
[2] The
present application has been taken out seeking belowmentioned relief
:-
“8(b) Be
pleased to permit the applicants to join legal heirs of respondent
No.1 Late shri Ashokbhai V. Badiani in M.C.A. No.3584/2010 and
subsequently in the main matter being Special Civil Application
No.5677 of 2009, as under :
1/1. Harshidaben
A. Badiani
w/o. Late
Shri Ashokbhai V. Badiani
1/2 Yash
Ashokbhai Badiani
1/3 Ronak
Ashokbhai Badiani
All
residing at “Krishna Bhuvan”,
Nr.Bhid
Bhanjan Gate,
Opp. Bonny
Travels,
Jamnagar.
[3] The
application has been taken out on the ground that the original
respondent No.1 expired during the pendency of M.C.A. No.3584 of 2010
and that therefore, it becomes necessary to join and implead the
heirs and legal representatives of the said original respondent No.1
in M.C.A. No.3584 of 2010.
[4] Having
regard to the submissions by learned senior counsel and the averments
made in the application, by order dated 10.05.2011 the application
was admitted and notice was issued. It is reported that the process
has been served to all the respondents, however, no one has entered
their appearance and any objection has not been filed and,
therefore, the relief as prayed for in paragraph No.8(b) is granted.
The applicants are permitted to amend the cause-title of M.C.A.
No.3584 of 2010 to substitute the respondent No.1 and implead his
heirs and legal representatives as per the details mentioned in
paragraph No.8(b) of the Civil Application No.4601 of 2011. Rule is
made absolute. The amendment to be carried out on or before
11.07.2011.
[
K. M. THAKER, J. ]
vijay
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