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CA/3727/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 3727 of 2011
In
SPECIAL
CIVIL APPLICATION No. 7502 of
2004
=========================================================
NALINBHAI
RAMABHAI PATEL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MS.
SHANU PATHAN FOR MR. AM RAVAL
for
Petitioner(s) : 1 - 2.
MR. J.K. SHAH, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 03/05/2011
ORAL
ORDER
1. This
application has been filed with a prayer to bring on record the
applicants, being heirs and legal representatives of the deceased
petitioner Shri R.P. Patel of Special Civil Application No.7502 of
2004, on the record of the petition.
2. I
have heard Ms. Shanu Pathan, learned advocate for Mr. A.M. Raval,
learned counsel for the applicants and perused the averments made in
the application. It is averred that the original petitioner Shri R.P.
Patel expired on 11.01.2011, as evidenced from a copy of the Death
Certificate annexed at Annexure-‘I’ to the application. The
applicants are the son and wife of the deceased petitioner,
respectively, and as the cause to sue survives to the applicants, the
prayers made in the application may be granted.
3. Having
heard the learned advocate for the applicants and in view of the fact
that the original petitioner Shri R.P. Patel expired on 11.01.2011
and the applicants are son and wife of the deceased petitioner
respectively, it would be just and proper to permit them to be
brought on the record of the said petition.
4. Accordingly,
the application is allowed. The applicants are permitted to be
brought on the record of Special Civil Application No.7502 of 2004 in
place of the deceased petitioner Shri R.P. Patel, as petitioners.
5. The
application is disposed of, in the above terms.
(Smt.
Abhilasha Kumari, J.)
Safir*
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