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CA/1105220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 11052 of 2008
In
CIVIL
APPLICATION No. 8839 of 2007
In
FIRST APPEAL No. 2857 of 2008
With
CIVIL
APPLICATION No. 8839 of 2007
In
FIRST APPEAL No. 2857 of 2008
With
FIRST
APPEAL No. 2857 of 2008
=========================================================
ADDL.
SPECIAL LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
KANUBHAI
BACHUBHAI - Respondent(s)
=========================================================
Appearance
:
GOVERNMENT
PLEADER for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1, 1.2.1,
1.2.2,1.2.3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/09/2008
ORAL
ORDER
1. By
way of this application, the applicant-State Government has prayed to
bring the legal heirs of deceased-Bachubhai Vithalbhai-respondent
no.1 herein on record.
2. As
a result of hearing and perusal of records, it is borne out that the
respondent no.1 expired on 10.08.2000 and the judgement and award of
the appellate court was passed on 15.02.2006, meaning thereby that
the respondent no.1 expired pending application before the reference
court. In that view of the matter, the legal heirs of the deceased
were required to be brought on record before the said court itself.
However, the same has not been done. In view of the said inaction,
it would not be appropriate to allow this application at this stage,
more particularly when an award passed in favour of/against a dead
person is nullity.
3. The
application is therefore misconceived inasmuch as the legal heirs
were required to be brought on record before the reference court as
the respondent no.1 expired pending the application before the
reference court and the award was passed against a dead person. In
view of the same, this application cannot be entertained and is
accordingly rejected.
(K.S.
JHAVERI, J.)
ORDER
IN CIVIL APPLICATION NO. 8839 OF 2007
In
view of the order passed in the aforesaid civil application, this
application shall not survive and is accordingly disposed of.
(K.S.
JHAVERI, J.)
ORDER
IN FIRST APPEAL NO. 2857 OF 2008
In
view of the fact that the original claimant has expired, this appeal
shall not survive and is disposed of accordingly.
(K.S.
JHAVERI, J.)
Divya//
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