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CA/7634/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7634 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1097 of 2009
To
LETTERS
PATENT APPEAL No. 1727 of 2010
In
SPECIAL CIVIL APPLICATION No. 8787 of 1990
With
CIVIL
APPLICATION No. 15531 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 14527 of 2010
In
LETTERS PATENT APPEAL No. 1727 of 2010
=========================================================
STATE
OF GUJARAT & 1 - Petitioner(s)
Versus
K
S PRAJAPATI & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KRINA CALLA ASSTT. GOVERNMENT PLEADER
for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 1.2.1,1.2.3 - 2.
UNSERVED-EXPIRED
(N) for Respondent(s) : 1.2.2
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 11/04/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
When
the matter was taken up on 22.3.2011, the Court noticed the following
submission:-
“It is informed that
the first respondent died during the pendency of appeal. The said
respondent is shown through the legal heirs. Still, as there is
confusion because of the certified copy issued, to be in the safe
side, a petition for substitution has been filed in Civil Application
(Stamp) No.14527 of 2010. Along with the same, petition for
condonaton of delay in preferring the said application is filed being
Civil Application (Stamp) No.15681 of 2010. Office is directed to
list the aforesaid civil applications along with the present civil
application and proposed Letters Patent Appeal on 29th
March 2011.”
2. Let
notice be issued through Court on proposed legal heirs, who have been
proposed to be substituted in Civil Application (Stamp) No.14527 of
2010 and petition for condonation of delay being Civil Application
No.15531 of 2010, which has been filed for condonation of delay in
bringing on record the legal heirs, as also on the question of
petition for condonation of delay of those proposed heirs and other
respondents preferred in Letters Patent Appeal i.e. Civil Application
No.7634 of 2010.
3. A
copy of paper-book of proposed appeal be also forwarded to them.
4. Post
all the civil applications with proposed appeal on 5th May
2011.
(S.J.
MUKHOPADHAYA, CJ.)
(J.B.
PARDIWALA, J.)
zgs/-
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