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CA/10707/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 10707 of 2009
In
CIVIL
APPLICATION No. 3831 of 2009
With
FIRST
APPEAL No. 205 of 2010
=========================================================
BISMILLAKHAN
GULAMMOHAMMADKHAN PATHAN & 1 - Petitioner(s)
Versus
MUKESHBHAI
JIVANBHAI THAKER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RC JANI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/02/2010
ORAL
ORDER
Heard
learned advocate Mr. RC Jani on behalf of applicant.
The
present application is preferred by applicant with a prayer to bring
heirs and legal representative of opponent no. 1, as opponent no. 1
Mukeshbhai Jivanbhai Thaker has expired. The name of legal heirs and
representative Tejasbhai Mukeshbhai Thaker is mentioned in para 2.
This Court has issued notice to Tejasbhai Mukeshbhai Thaker. Though
notice is served, no appearance is filed by Tejasbhai.
Considering
submission made by learned advocate Mr. RC Jani and averment made in
this application supported with affidavit and death certificate of
Mukeshbhai dated 29/3/2009, prayer made in this application in para
7(B) is granted and delay, if any, occurred in filing present
application is condoned in interest of justice. The, cause title of
first appeal is to be amended. Accordingly, Rule is made absolute.
ORDER
IN FIRST APPEAL NO. 205/2010
Heard
learned advocate Mr. RC Jani on behalf of appellant.
Considering
his submission, appeal is admitted.
(H.K.RATHOD,
J)
asma
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