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CA/10225/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 10225 of 2008
In
SECOND
APPEAL No. 209 of 1991
=========================================================
BUDHABHAI
JIVABHAI PATEL & 7 - Petitioner(s)
Versus
RASHANBIBI
WD/O KALUBHAI @ HAFIZALI MOHMADALI SAIYED - Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI for
Petitioner(s) : 1
- 8.MR CHINMAY M GANDHI for
Petitioner(s) : 1
- 8.
None
for Respondent(s) : 1,
MR
GM AMIN for
Respondent(s) : 1.2.1,
1.2.2,
1.2.3,
1.2.4,
1.2.5,1.2.6
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/09/2008
ORAL
ORDER
1. Heard learned advocate Mr.M.B.Gandhi for the applicant and learned advocate Ms.Manisha Kala for learned advocate Mr.G.M.Amin for the respondent.
2. Present application is filed for bringing the legal heirs on record as well as setting aside abatement and condonation of delay.
3. I have considered the submissions made by learned advocate Mr.Gandhi. Budhabhai Jivabhai Patel has expired on 14.5.2006 as per death certificate Annexure-A. Similarly, Jivabhai Vastabhai Patel also died on 11.12.1995 who was represented by applicant Nos.4 o 8 and deceased Budhabhai having no separate legal heirs but, applicant Nos.4 to 8 are considered to be the legal heirs of deceased Budhabhai. Said Jivabhai Vastabhai JVPatel also expired who was already represented by Budhabhai and Jayantibhai. Therefore, all successors and legal representatives being on record, the name of Jivabhai Vastabhai Patel may be deleted.
4. I have considered the averments made in this application followed by affidavit and after considering the submissions made by both the learned advocates, prayer made in this application in terms of Para.5(a), (b), (c), (d) and (e) are granted. Present Application is disposed of accordingly.
(H.K.Rathod,J.)
(vipul)
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