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CA/980/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 980 of 2007
=========================================
GOTABHAI
BHIKHABHAI - Petitioner(s)
Versus
PARMAR
MANGALBHAI MATHURBHAI BIN BHULABHAI & 11 - Respondent(s)
=========================================
Appearance :
MR
RJ OZA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,
1.2.8,1.2.9
MR HM PARIKH for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 13/07/2011
ORAL
ORDER
This
application seeks setting aside of abatement of Second Appeal No.54
of 1992 by condoning the delay of 3 years 2 months and 21 days
occasioned in filing the present application and also seeks
permission to substitute the applicants as legal heirs and
representatives of deceased Shantaben, daughter of Mangalbhai
Dadabhai as appellants in the proceedings of Second Appeal No.54 of
1992.
Heard
Ms. Rutuja Oza, learned advocate for the applicants and Mr. H. M.
Parikh, learned advocate for the respondents.
Having
regard to the averments made in the application, it appears that the
applicant was prevented by just cause in not preferring the present
application within the prescribed period of limitation.
In
the circumstances, the application is allowed. The delay that has
occurred in filing the present application is hereby condoned. The
abatement of Second Appeal No.54 of 1992 is hereby set aside. The
applicants are permitted to be joined as heirs and legal
representatives of deceased Shantaben, daughter of Mangalbhai
Dadabhai as appellants in the proceedings of Second Appeal No.54 of
1992.
The
application stands disposed of accordingly, with no order as to
costs. The cause title of the Second Appeal No.54 of 1992 be
amended accordingly.
[HARSHA
DEVANI, J.]
parmar*
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