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CA/3623/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 3623 of 2010
In
SECOND
APPEAL (STAMP NUMBER) No. 194 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
COLLECTOR
& 1 - Petitioner(s)
Versus
BHATT
KALPESHBHAI MAHENDRABHAI & 10 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAJ SONI ASST.GVERNMENT PLEADER
for
Petitioner(s) : 1 - 2.
MR UI VYAS for Respondent(s) : 1 - 4,6 -
8.
None for Respondent(s) : 5, 5.2.1,9 -
11.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/04/2010
ORAL
JUDGMENT
RULE.
Mr.U.I. Vyas, learned advocate waivers the service of notice of rule
on behalf of the contesting respondent Nos.1 to 4 and 6 to 8.
With
the consent of the learned advocates appearing on behalf of the
respective parties, present application is taken up for final
hearing today.
Present
application has been preferred by the applicants -original
defendants permitting them to bring the heir and representative of
the respondent No.5 deceased Bhatt Bhupendrabhai Bhagwatiprasad
on the record of Civil
Application No. 8110 of 2009 as well as Second
Appeal (Stamp) No.194 of 2009.
Having
heard the learned advocates appearing on behalf of the respective
parties and the application is not seriously opposed by Mr.Vyas,
learned advocate appearing on behalf of the proposed heir and legal
representative of the respondent No.5, the application is allowed
and the applicants are permitted to bring the heir of respondent
No.5 deceased Bhatt Bhupendrabhai Bhagwatiprasad on the record
of the Civil
Application No. 8110 of 2009 and Second
Appeal (Stamp) No.194 of 2009, as mentioned in the cause
title of the present application, as respondent No.5/1. Registry to
amend the cause title of the Civil
Application No. 8110 of 2009 and Second
Appeal (Stamp) No.194 of 2009 accordingly. Rule is made
absolute to the aforesaid extent. In
the facts and circumstances of the case, there shall be no order as
to costs.
[M.R.
SHAH, J.]
rafik
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