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CA/14968/2006 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 14968 of 2006
In
SPECIAL
CIVIL APPLICATION No. 5545 of 1996
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
KANTIBHAI
PARAGBHAI RATHOD - Applicant(s)
Versus
MANHARBA
HIMATSINH DHALIYA & 1 - Opponent(s)
=========================================
Appearance :
MR
KR RAVAL for
Applicant(s) : 1,
MR JA ADESHRA for Opponent(s) : 1,
MR PRANAV
DAVE, AGP for Opponent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/07/2010
ORAL
JUDGMENT
1. RULE.
Shri Adeshra, learned advocate
waives service of notice of rule on behalf of opponent no. 1 and Shri
Pranav Dave, learned AGP waives service of notice of rule on behalf
of opponent no. 2.
2. With
the consent of the learned advocates appearing on behalf of the
respective parties, the present application is taken up for final
hearing today.
3. The
present application has been preferred by the applicant permitting
him to be joined as petitioner no. 1/1 in Special Civil Application
No. 5545/1996 as heir and legal representative of the original
petitioner-deceased Parvatiben Paragbhai Rathod.
4. Having
heard the learned advocates appearing on behalf of the respective
parties and considering the averments made in the application,
without expressing anything on merits with respect to the will
executed by deceased Parvatiben Paragbhai Rathod, the present
application is allowed and the applicant is hereby be permitted to be
impleaded as petitioner no. 1/1 as heirs and legal representative of
original petitioner-deceased Parvatiben Paragbhai Rathod in Special
Civil Application No. 5545/1996.
5. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
6. Registry
is directed to amend the cause title of the main Special Civil
Application accordingly.
(M.R.
SHAH, J.)
siji
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