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CA/385/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 385 of 2010
In
FIRST
APPEAL No. 4558 of 2006
=========================================================
LAKHUBEN
WD/O HATI LAKHMANBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DHARMESH V SHAH for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7
MR
ANAND L SHARMA AGP for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/01/2010
ORAL
ORDER
Heard
learned advocate Mr. DV Shah on behalf of applicant, learned AGP Mr.
Sharma appearing for respondent.
This
application is preferred by applicant with a prayer to bring heirs
and legal representative of appellant who died during pendency of
this appeal on 24/09/2008.
There
is a delay of 385 days in filing present application. I have
considered submission made by both learned advocates and averment
made in this application supported with affidavit. The delay of 385
days is condoned in interest of justice as sufficient cause is shown
by applicant to the satisfaction of this Court. The death
certificate is produced alongwith present application of appellant
Lakhmanbhai Valingbhai Sisodiya. Therefore, prayer made in para
4(A) of present application is granted.
Accordingly,
cause title of first appeal no. 4558/2006 is to be amended. Learned
advocate Mr. Shah will appear on behalf of heirs and legal
representative of appellant.
(H.K.RATHOD,
J)
asma
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