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CA/1571/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 1571 of 2011
In
SPECIAL
CIVIL APPLICATION No. 8565 of 2002
=====================================================
KANCHANBEN
VORA DECEASED THROUGH LEGAL HEIR HIRALAL N MEHTA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=====================================================
Appearance :
MR
NV ANJARIA for Petitioner(s) : 1,
Mr.Nirag Pathak,learned
ASST.GOVERNMENT PLEADER for Respondent(s) : 1 - 2, 4,
None for
Respondent(s) :
3,
=====================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/03/2011
ORAL
ORDER
Leave
to amend the cause title of the petition as well as the prayer
clause, is granted. The necessary amendment in the cause title of the
petition as well as the prayer clause, be made, within a period of
two weeks from today.
Heard
Mr.N.V.Anjaria, learned advocate for the applicant and perused the
averments made in the application. It is submitted that the
original petitioner, Kanchanben Vora has no other heir and legal
representative except the applicant. As the matter pertains to grant
of Family Pension, after the death of Kanchanben Vora, the prayers
made herein may be granted. It is further submitted that Kanchanben
Vora expired on 2-7-2010 and there is a delay of about 23 days in
filing the present application, which may be condoned.
Having
heard the learned advocate for the applicant and in view of the
averments made in the application, the prayers made therein deserve
to be granted.
Accordingly,
the application is allowed. The delay of 23 days occasioned in
filing the present application is condoned and abatement is set
aside. The applicant Shri Hiralal N. Mehta, is permitted to be
substituted as petitioner in Special Civil Application No.8565 of
2002, being the only heir and legal representative of deceased
(original petitioner) Kanchanben Vora.
The
application is disposed of, as above.
(Smt.Abhilasha Kumari,J)
arg
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