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CA/743/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 743 of 2011
In
SPECIAL
CIVIL APPLICATION No. 66 of 2001
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MULJIBHAI
MADHAVBHAI HARIJAN (DECEASED) & 1 - Petitioners
Versus
JETHABHAI
MAGANBHAI VASAVA & 3 - Respondents
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Appearance :
MR
DN PANDYA for the Petitioners.
None for Respondent(s) : 1, 1.2.1,
1.2.2,1.2.3 - 3, 3.2.1, 3.2.2,3.2.3
MR PANKAJ A KAPADIA for
Respondent(s) : 1.2.4
- for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/02/2011
ORAL
ORDER
1. The
present application has been preferred by the applicants claiming to
be heirs and legal representatives of original petitioner No.1
permitting them to be brought on record as petitioner No.1/1 and 1/2
as well as permitting them to bring heirs and legal representatives
of original respondent No.3/2 on record.
2. It
is to be noted that so far as prayer of the applicants to be brought
them on record as petitioner Nos.1/1 and 1/2 as heirs and legal
representatives of petitioner No.1 is concerned, the same is barred
by limitation. There is no prayer to condone the delay and set aside
the abatement in the present application.
3. At
this stage, Mr.Pandya, learned advocate appearing on behalf of the
applicants seeks permission to withdraw the present application with
a liberty to file fresh application with appropriate prayer to
condone the delay and to set aside the order of abatement so far as
original petitioner No.1 is concerned and with a liberty to file
fresh application for bringing heirs and legal representatives of
respondent No.3/2 on record, after obtaining death certificate of
original respondent No.3/2 and getting pedhinama.
4. Permission
is accordingly granted. The present application is dismissed as
withdrawn with above liberty.
[M.R.SHAH,J]
*dipti
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