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CA/677420/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 6774 of 2007
=========================================================
HIRABA
WD/O NATHUSINGH VAJESINGH & 6 - Petitioner(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================================
Appearance
:
MR
PS PATEL for
Petitioner(s) : 1
- 7.
MR SATYAM CHHAYA, AGP for
Respondent(s) : 1
- 3.
RULE
SERVED for
Respondent(s) : 4
- 7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/07/2008
ORAL
ORDER
Additional
affidavit filed on behalf of the applicants is taken on record.
Civil
Application No.6774 of 2007 is filed seeking condonation of delay in
filing Civil Application (St)No.2335 of 2007. That Civil Application
seeks to bring on record the heirs of deceased petitioner No.1,
Hiraba, deceased petitioner No.4, Udaji and deceased petitioner No.5
Somsang.
Learned
advocate Shri P.S.Patel appearing for the applicant stated that the
heirs of deceased Hiraba are already on record in other capacity.
Qua her heirs, therefore, he does not press this application. He
seeks and is granted permission to delete Hiraba as petitioner in
the main matter. Insofar as other heirs are concerned, though there
is enormous delay in filing the application for bringing the heirs on
record, in the interest of justice, and considering that other
petitioners are still on record and the petition qua them has
otherwise also survived, the application for delay condonation is
allowed. Civil Application stands disposed of accordingly. Rule is
made absolute.
(Akil Kureshi, J.)
(vjn)
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