Gujarat High Court Case Information System
Print
CA/10622/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 10622 of 2008
=========================================================
MARIYAMBAI
UMARBHAI LUHAR - Petitioner(s)
Versus
NEW
INDIA ASSURANCE CO. LTD & 1 - Respondent(s)
=========================================================
Appearance
:
MS
NIYATI K SHAH for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 - for
Petitioner(s) : 2,
MR HASMUKH THAKKER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/09/2008
ORAL
ORDER
Heard
learned advocate Ms. NK Shah on behalf of applicants, learned
advocate Mr. Hasmukh Thakkar appearing for respondent original
appellant.
The
present application is filed with a prayer to brought on record the
heirs and legal representative of applicant claimant as Smt. Jilubai
w/o Alimamad Luhar expired, who was mother of deceased leaving
behind heirs and legal representatives from Sr. 1/1 to 1/5. She
died on 30/4/2008 and death certificate is annexed to the Annexure A
to this application.
Therefore,
considering the submission made by both learned advocate and
averment made in this application followed by affidavit. The prayer
made in this application in para 5(B) is granted. Accordingly,
cause title is required to be amended in first appeal.
The
second prayer is that applicant’s names either be entered in the
fixed deposit receipts No. 438847 and 438848 dated 21/9/2007 as well
as the Saving Bank Account No. SB/01/004928 and applicants be
further permitted to operate said account and to receive the amounts
due and payable at the time of their maturity or the fixed deposits
receipts be subdivided in equal proportion in the names of
applicants.
Considering
fact that before claim petition, mother of deceased was claimant and
in first appeal also deceased was only respondent and these are the
legal heirs of respondents. Except that no other legal heirs are
there. While condoning delay of 30 days in filing first appeal,
prayer made in para 5(C) is granted.
Accordingly, present
civil application is disposed of.
(H.K.RATHOD,
J)
asma
Top