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CA/994/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 994 of 2010
In
SPECIAL
CIVIL APPLICATION No. 12191 of 2009
=========================================================
KESARBEN
WD/O ISHWARPURI LALPURI & 1 - Petitioner(s)
Versus
FULBA
WD/O SHANKARPURI MOHANPURI & 34 - Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI for
Petitioner(s) : 1 - 2.MR CHINMAY M GANDHI for Petitioner(s) : 1 -
2.
MR PRADEEP PATEL for Respondent(s) : 1 - 5, 5.2.2,5.2.3 - 8,10
- 11, 13.2.1,13.2.2 - 19, 21,
None for Respondent(s) : 5, 9,
9.2.1, 9.2.2, 9.2.3, 9.2.4,12 - 13, 20,22 - 26,29 - 33, 35,
- for
Respondent(s) : 0.0.0,0.0.0
- for Respondent(s) : 0.0.0
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 02/02/2010
ORAL
ORDER
This
application has been filed with the following prayers:
a) This
Hon’ble Court be pleased to issue fresh notice and give direct
service to the present applicants for serving upon opponents Nos.23
and 29 at the addresses given hereunder:
No.23. Pravinchandra
Chinubhai Sheth, Resident of 4, Shantiniketan Society, Gujarat
College Road, Near Art Palace, Ellisbridge, Ahmedabad.
No.29. Upendra
Kanubhai Amin, Resident of 6, Viswajit Society, Near Vijay Char
Rasta, Navrangpura, Ahmedabad.
b) This
Hon’ble Court be pleased to permit the applicants to bring the legal
heirs of deceased Sitaben on the record of the case, the names and
addresses of whom are as under:
(i) Amrishbhai
R.Patel
(ii) Babubhai
R.Patel
(iii) Rameshbhai
R.Patel
All
adults, resident of 27, Nirat Park, Opp.Sun & Step Club, Thaltej,
Ahmedabad
c) This
Hon’ble Court be pleased to condone the abatement as well as delay,
if any, caused in bringing the heirs of opponent No.31 in the
interest of justice.
d) Such
other and further reliefs as this Hon’ble Court may deem just and
expedient be granted in favour of the applicants.
I
have heard Mr.M.B.Gandhi, learned counsel for the applicants and
Mr.Pradeep Patel, learned counsel for respondents Nos.1
– 5, 5/2, 5/3 8, 10 – 11, 13/1, 13/2
– 19, 21, and have perused the averments made in the application.
It
is submitted by Mr.M.B.Gandhi, learned counsel for the applicants,
that respondent No.31 Sitaben Ramabhai Patel expired on
14.08.2007 and her heirs and legal representatives who are sought to
be brought on the record of the petition, have already been
impleaded in First Appeal No.220 of 2009 pending in the High Court,
by allowing Civil Application No.601 of 2009 and, inadvertently, this
aspect could not be mentioned in the cause-title of the petition.
Mr.Pradeep
Patel, learned counsel for for respondents Nos.1 – 5, 5/2, 5/3
8, 10 – 11, 13/1, 13/2 – 19, 21, has no objection if the prayers made
in the application are granted.
Accordingly,
the application is allowed. Fresh Notices be issued to respondents
Nos.23 and 29 at the addresses given in paragraph-3(a) of the
application, making them returnable on 03.03.2010.
The
delay that has occasioned in filing the application is condoned and
the abatement is set aside and it is directed that the heirs of
deceased Sitaben Ramabhai Patel, original respondent No.31, as
described in paragraph 3(b) of the application, be brought on the
record of Special Civil Application No.12191 of 2009 and the
cause-title thereof be amended accordingly. Notices be issued to the
newly added heirs and representatives as well, returnable on
03.03.2010.
In
addition to the normal mode of service, Direct Service is also
permitted.
The
Civil Application stands disposed of in the above terms.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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