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SCA/3411/2001 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3411 of 2001
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KHEMABHAI
H PATEL & 15 - Petitioners
Versus
JOINT
REGISTRAR (COMM) & 4 - Respondents
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Appearance :
MR
BS PATEL for Petitioners : 1 - 2,2.2.1 - 3, 3.2.1, 5, 5.2.1, 7,9 -
10, 12, 12.2.1,15 - 16.MRS RANJAN B PATEL for Petitioners : 1 - 3, 5,
7,9 - 10, 12,15 - 16.NOTICE SERVED for Petitioner(s) : 4, 6, 8, 11,13
- 14.
GOVERNMENT PLEADER for Respondent : 1,
MR ASHISH H SHAH
for Respondent : 1,4 - 5.
RULE SERVED BY DS for Respondents : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 03/05/2011
ORAL
ORDER
Learned
advocate Shri B.S. Patel submits that unfortunately he did not notice
that the heirs of some of the deceased petitioners are not on the
record while seeking indulgence from his Court for restoration of the
matter, as this matter was dismissed for default vide order dated
2/5/2011, and on the very same day on oral request made same was
restored. While making request for restoration Shri Patel ensured the
Court that the matter shall be proceeded with. However Shri Patel
submitted that heirs of petitioner no.4 has not been brought on
record and the heirs of petitioner no.4 have been informed. Shri
Patel further states that heirs of petitioner no. 2, 3, 5 & 12
have already been brought on record.
The
Court is of the view that the request could be accepted only in case
if the matter is required to be not adjourned for longer. This
matter of year 2001 and is awaiting its disposal. It is expected of
Shri Patel to show corresponding promptness and bring the heirs on
record so that the matter could be proceeded further. The needful be
done on or before 6/5/2011 and the matter may come up for hearing on
6/5/2011.
[
S.R. BRAHMBHATT, J ]
/vgn
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