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CA/15364/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 15364 of 2010
with
LETTERS
PATENT APPEAL No. 372 of 2010
In
SPECIAL CIVIL APPLICATION No. 1290 of 2010
=================================================
DINESH
RANCHHOD DHARSANDIYA & 6 - Petitioner(s)
Versus
MAMLATDAR
& 3 - Respondent(s)
=================================================
Appearance :
MR
KIRTIDEV R DAVE for Petitioner(s) : 1 - 2, 5, 7,MR RAHUL K DAVE for
Petitioner(s) : 1 - 2, 5, 7,
MRS. MANISHA LAVKUMAR SHAH AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 - 3.
MR NIRAV C
THAKKAR for Respondent(s) :
4,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 21/04/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
ORDER
IN CA:
This
petition is filed by the applicants for substitution of legal heirs
of respondent no.4. It is stated that said the 4th respondent –
Fatimabanu Yarakhokhar was represented through her legal heir
Sakhinabanu Dadakhokhar. However, recently, said Sakhinabanu
Dadakhokhar expired on 22nd October 2010, leaving behind widow
Mehrunissa of late Jamil Ahmed, who was the son of Sakhinabanu
Dadakhokhar. The other legal heirs are sons of Late Jamil Ahmed,
i.e., grandsons of Sakhinabanu Dadakhokhar, viz. Sohel Ahmed, Shiraj
Ahmed and Sajid Ahmed. All the four legal heirs are residents of
Plot No.2, 2nd Floor, Bahadursha Market, M.A. Jinha Road, Karachi,
Pakistan. Prayer has been made to implead the aforesaid heirs as
respondents nos. 4.1 to 4.4 to the Letters Patent Appeal and the
connected Civil Application.
We
have heard counsel for the appellant and taking into consideration
the facts of the case, we allow the prayer in order to implead (1)
widow Mehrunissa, (2) Sohel Ahmed, (3) Shiraj Ahmed, and (4) Sajid
Ahmed as party respondents nos. 4.1, 4.2, 4.3 and 4.4 respectively to
the Letters Patent Appeal and Civil Application No.2245 of 2010.
Civil Application No.15364 of 2010 stands disposed of.
ORDER
IN LPA:
Mr.
Neerav Thakkar accepts and waives notice on behalf of the legal heirs
of respondent no.4. He is allowed time to file vakalatnama within
two weeks. He may file reply affidavit, if any. Post the matter on
15th June 2011.
(S.J.
MUKHOPADHAYA, C.J.)
(J.B.
PARDIWALA, J.)
[sn
devu] pps
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