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CA/2690/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2690 of 2007
In
FIRST
APPEAL No. 2699 of 2005
=========================================================
NARIMAN
DARABSHA BHAGWAGAR SINCE DECD. THRO' NOSHERBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SURESH M SHAH for
Petitioner(s) : 1,
MRS VS PATHAK for Respondent(s) :
1,2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/06/2010
ORAL ORDER
Heard
Mr. Mehul Shah learned advocate for the applicant and Mrs. V.S.
Pathak learned AGP for the opponents.
Rule.
Mrs. V.S. Pathak learned AGP waives service of notice of rule on
behalf of the opponents. With the consent of the parties the
application is taken up for hearing and final decision today.
Mr.
Shah learned advocate for the applicant has submitted that the
applicant Nosherbhai Nariman Bhagwagar is the only heir and legal
representative of deceased Nariman Darabsha Bhagwagar and there are
no other heirs or legal representatives. He also submitted that the
appellant died on 17th April 2006 and the application has
been filed on 12th June 2006 i.e. within time. He also
submitted that though the appellant has died, the right to sue
survives and has delved upon the applicant as the only heir and
legal representative and also in view of the Will dated 10th
August 1999.
The
said submissions have not been controverted by the learned AGP. Thus,
so far as the factual aspects are concerned the same have remained
undisputed.
Consequently
the relief prayed for in para 4(a) deserves to be granted. The
applicant Mr. Nosherbhai Nariman Bhagwagar is permitted to be
impleaded as appellant and to prosecute the appeal further. The cause
title of the appeal shall be amended forthwith and in any case on or
before 18th June 2010. Mrs. Pathak learned AGP appears for
both the opponents and has taken note of the application and present
order, hence fresh Notice is not necessary, however, the applicant
shall serve a copy of the amended cause title to the opponents.
Application
is allowed in terms of paragraph 4(a). Rule is made absolute to the
aforesaid extent.
(K.M.THAKER,J.)
Suresh*
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