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CA/902920/2008 2/ 2 ORDER
-IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 9029 of 2008
In
FIRST
APPEAL No. 1332 of 2000
=========================================================
GENERAL
MANAGER - Petitioner(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
MR
AJ PATEL for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/08/2008
ORAL
ORDER
1. By
way of this application, the applicant-State Government has prayed to
bring the legal heirs of deceased-respondent no.2 herein on record.
2. As
a result of hearing and perusal of records, it is borne out that the
respondent no.2 expired on 16.04.1998 and the judgement and award of
the appellate court was passed on 07.09.1999, meaning thereby that
the respondent no.2 expired pending the award before the Reference
Court. In that view of the matter, the legal heirs of the deceased
were required to be brought on record before the said court itself.
However, the same has not been done. In view of the said inaction,
it would not be appropriate to allow this application at this stage.
3. The
application is therefore misconceived inasmuch as the legal heirs
were required to be brought on record before the Reference court as
the respondent no.2 expired pending the application before the
reference court and the award was passed against a dead person. In
view of the same, this application cannot be entertained and is
accordingly rejected. Notice is discharged.
4.
In view of the order passed in Civil Application, the main matter
being First Appeal No. 1332 of 2000 stands disposed of.
(K.S.
JHAVERI, J.)
Divya//
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