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CA/2331/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 2331 of 2010
In
SPECIAL
CIVIL APPLICATION No. 22832 of 2005
=========================================================
SUBODHBHAI
AMBALAL GANDHI - Petitioner(s)
Versus
DWARKESH
CO-OP CREDIT SOCIETY LTD & 3 - Respondent(s)
=========================================================
Appearance
:
MR
RAVINDRA SHAH for
Petitioner(s) : 1,MRS KANAN R SHAH for Petitioner(s) : 1,
MR MA
BUKHARI for Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
RULE SERVED for Respondent(s) : 2.2.1, 2.2.2, 2.2.3,
2.2.4,2.2.5 - 3, 3.2.2,3.2.3
MR RAMESH K SHAH for Respondent(s) :
2.2.1, 2.2.2, 2.2.3, 2.2.4,2.2.5
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 21/04/2010
ORAL
ORDER
1. At
the outset, Mr. Ravindra Shah, learned counsel states that he is not
pressing the prayer made at paragraph-3(C) in the present
application.
2. This
application has been filed with a prayer to bring on record
respondents Nos.2(A) to 2(E), who are the heirs and legal
representatives of deceased-respondent No.2, Pannaben Jagmohandas
Parikh and respondents Nos.3(A) to 3(C), who are
the heirs and legal representatives of deceased-respondent No.3,
Sanatkumar Muljibhai Shah, on the record of Special Civil Application
No.22832 of 2005.
3. Rule
was issued on 03.03.2010. The endorsement on the Board indicates that
notice of Rule has been served upon respondents Nos.2/1 to 2/5 and
respondents Nos.3/1 to 3/3, but none appears on their behalf.
4. I
have heard Mr. Ravindra Shah, learned counsel for the applicant and
perused the averments made in the application. It is averred therein
that respondent No.2, Pannaben Jagmohandas Parikh expired on
18.08.2009 and a copy of the death Certificate is annexed as
Annexure-A. Respondent No.3, Sanatkumar Muljibhai Shah expired on
23.12.2006, as per the copy of the death Certificate annexed as
Annexure-B. It is submitted by Mr. Ravindra Shah, and it is also
averred in the application, that the applicant learnt
about the deaths of deceased Pannaben Jagmohandas Parikh and
Sanatkumar Muljibhai Shah, only on 5.12.2009, through a common friend
of the applicant, Shri Chandravadan J. Shah, and upon getting this
information, immediate steps have been taken to file the present
application, on 07.01.2010. It is further submitted that there is no
delay in preferring the present application.
5. Having
heard the learned counsel for the applicant, and having perused the
averments made therein, the prayers made in the application deserve
to be granted.
6. Accordingly,
the application is partly allowed. respondents Nos.2(A) to 2(E) and
respondents Nos.3(A) to 3(C) are directed to be brought on the record
of Special Civil Application 22832 of 2005, as the heirs and legal
representatives of deceased-respondent No.2, Pannaben Jagmohandas
Parikh and deceased-respondent No.3, Sanatkumar Muljibhai Shah,
respectively. The necessary amendment in the petition may be carried
out within a period one week from today.
7. It
is open to the applicant to agitate prayer No.3(C) in an appropriate
manner, if so desired.
Rule
is made absolute, to the above extent.
(Smt.
Abhilasha Kumari, J.)
Safir*
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