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CA/13514/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 13514 of 2009
In
SPECIAL
CIVIL APPLICATION No. 6504 of 2008
=========================================================
PRABHABEN
BHIMJIBHAI NASHIT - Petitioner(s)
Versus
PATEL
VASHRAM MULJI PABHAR & 6 - Respondent(s)
=========================================================
Appearance
:
MR
HARNISH V DARJI for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.3.1,
1.3.2, 1.3.3, 1.3.4,1.3.5
MR CL SONI for Respondent(s) : 1 - 2,
2.2.2,2.2.3 - 3.
None for Respondent(s) : 2,4 - 6.
MS VS
PATHAK, AGP, for Respondent(s) :
7,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/02/2010
ORAL
ORDER
Leave
to amend the prayer clause is granted.
Rule.
This application has been filed with a prayer to condone the delay of
161 days and setting aside the abatement by bringing the legal heirs
of deceased Shantaben Punabhai (original petitioner) on the record of
Special Civil Application No.6504 of 2008.
I
have heard Mr.Harnish V.Darji, learned counsel for the applicants,
Mr.C.L.Soni, learned counsel for respondents Nos.1 to 3 and
Ms.V.S.Pathak, learned Assistant Government Pleader for respondent
No.7, and perused the averments made in the application.
It
is submitted by Mr.Harnish V.Darji, learned counsel for the
applicants, that Shantaben Punabhai has expired on 24.02.2009 and a
copy of the death certificate is annexed as Annexure-A to the
application. It is further submitted that the heirs of the deceased
petitioner, as mentioned in paragraph-2 of the application, may be
brought on the record of the case and the delay condoned, as the
reason for the delay is that the applicants could not inform their
advocate immediately, for taking necessary steps and, therefore, the
delay of 161 days has occurred. It is further submitted that there is
no negligence or inaction on the part of the applicants in pursuing
the matter and no prejudice would be caused to the respondents if
the applicants are brought on the record of the case.
Having
heard the learned counsel for the respective parties and having
perused the averments made in the application, and as there is no
serious objection from the respondents, the interest of justice would
be met if the prayers made therein are allowed, as sufficient cause
has been shown to explain the delay, which, is not a gross one.
Accordingly,
the delay of 161 days is condoned, abatement is set aside, and the
heirs and legal representatives of deceased Shantaben Punabhai
(original petitioner) are brought on the record of Special Civil
Application No.6504 of 2008. The memorandum of the petition be
amended accordingly.
The
Civil Application is disposed of. Rule is made absolute to the above
extent.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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