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CAST/13437/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION (STAMP NUMBER) No. 13437 of 2009
=========================================
ISHWARBHAI
MANSUKHBHAI HARIJAN - Petitioner(s)
Versus
SOMABHAI
VAGHABHAI GOHEL
THRO'L.R
MOHANBHAI SOMABHAI GOHEL & 51 - Respondent(s)
=========================================
Appearance :
MR
GIRISH M DAS for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
None
for Respondent(s) : 1 - 10,12 - 52.
MS. TRUSHA PATEL, ASSISTANT
GOVERNMENT PLEADER for Respondent(s) :
11,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/02/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
Civil Application has been preferred for bringing legal heirs of
original respondent No.2. It appears that Amthabhai Dalabhai Harijan
was the original respondent No.2 in Special Civil Application No.
4651 of 1995. When Letters Patent Appeal No. 2035 of 2007 was
preferred, Amthabhai Dalabhai Harijan having died, it was filed
through Mansukhbhai A. Harijan, being his legal heir. After
disposal of the appeal, Mansukhbhai A. Harijan having died on
19.2.2009, applicant has preferred a Civil Application for
substitution of the legal heirs of Mansukhbhai A. Harijan, in the
proposed Review Application, being Misc. Civil Application (Stamp)
No. 2743 of 2009. It is stated that they have already reflected as
party respondent in the Review Application, but permission of the
Court is required to implead them as they being the legal heirs of
substituted appellant.
In
the facts and circumstances, we allow the applicant to implead heirs
of Mansukhbhai A. Harijan as applicant in Misc. Civil Application
(Stamp) No. 2743 of 2009, proposed Review Application. Office is
directed to register the Civil Application (Stamp) No. 13437 of 2009
and treat the same as disposed of.
Review
Application, being Misc. Civil Application (Stamp) No. 2743 of 2009
is admitted for hearing. Notice on respondents. Direct notice
permitted. Post the matter along with L.P.A No. 2036 of 2007.
(S.J.Mukhopadhaya,
C.J.)
(Anant
S. Dave, J.)
*/Mohandas
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