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CA/3131/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 3131 of 2008
In
FIRST
APPEAL No. 1885 of 2004
=========================================
MOHSIN
MUHAMMAD RAFIK SHAIKH
Versus
G
S R T C THROUGH LEGAL ADVISOR & ORS
=========================================
Appearance :
MR
VA MANSURI for Applicant
MR ASHISH M DAGLI for
Respondent No. 1
None for Respondent No. 2 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/03/2008
ORAL
ORDER
:(Per : HONOURABLE MR.JUSTICE M.R. SHAH)
Rule.
Shri Ashim M Dagli, learned Advocate, waives service of notice of
Rule on behalf of Respondent No.4. Shri Hasmukh Thakker, learned
Advocate, waives service of notice of Rule on behalf of respondent
No. 7. As no relief is sought against rest of the respondents,
Shri V.A. Mansuri, learned Advocate for the applicant seeks
permission to delete the respondents No. 2 to 6, so far as the
present application is concerned. Permission is accordingly granted.
The
present application has been filed by the applicant Mohsin Muhammad
Rafik Shaik ? original Claimant No.3 and respondent No.3 in First
Appeal No. 1885 of 2004, under Order 32 Rule 12 of the Civil
Procedure code for an appropriate order to discharge/ relieve the
guardian and next friend of of the applicant i.e. his grand-father ?
respondent No.4 and thereby to permit the applicant to pursue,
prosecute and conduct the proceedings of First Appeal in his
independent personal capacity.
It
appears that, at the relevant time, when the claim petition was
filed, the applicant was minor. The judgment and Award passed by the
learned Tribunal is challenged in the Appeal by the respondent No.1
herein – Gujarat State Road Transport Corporation, which is
numbered as First Appeal No. 1885 of 2004. During the pendency of
the proceedings, the applicant ? original Claimant No.3 –
respondent No.3 in First Appeal No. 1885 of 2004 has become major
and, therefore, the present application has been filed.
Application is not opposed by the learned Advocates appearing on
behalf of the respective respondents. Hence, prayer in terms of
Paragraph 7(A) of the Application is hereby granted. Rule is made
absolute accordingly. Registry is directed to amend the cause title
of the First Appeal accordingly.
(J. R. VORA, J.) (M. R. SHAH, J.)
pnnair
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