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CA/10678/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 10678 of 2009
In
SPECIAL
CIVIL APPLICATION No. 630 of 1999
=========================================================
LEKHRAJ
MAGANJI VASETA - DHOBI - Petitioner(s)
Versus
SHYAM
SUNDER CHHOTELAL NANDI & 2 - Respondent(s)
=========================================================
Appearance :
MR
BS PATEL for
Petitioner(s) : 1,
MR NS DESAI for Respondent(s) :
1,
UNSERVED-REFUSED (R) for Respondent(s) : 2,
None for
Respondent(s) : 3,
RULE SERVED BY DS for Respondent(s) : 3.2.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 25/01/2010
ORAL
ORDER
The
present application is for bringing on record the legal heirs of
original respondent No.3 who has expired pending the petition.
Heard
Mr.Patel for the applicant. The respondent No.3/1 who is proposed
to be joined as legal heirs has been served but nobody has appeared
on his behalf.
Considering
the facts and circumstances, it appears that if the proposed
respondent is joined as legal heir of original respondent No.3
without prejudice to the rights and contentions in the main
Special Civil Application, the same would be just and proper since
the main Special Civil Application is yet to be heard on merits
finally and the same would also enable this Court to pass effective
order in the main Special Civil Application.
Hence,
the applicant is permitted to join the legal heirs of deceased
Hirabhai G. Pardhi as respondent No.3/1 in the main Special Civil
Application.
Application
allowed to the aforesaid extent.
(JAYANT PATEL, J.)
*bjoy
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