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CA/4591/2011 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 4591 of 2011
In
SECOND
APPEAL No. 190 of 1989
For
Approval and Signature:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
RABARI
VASHRAMBHAI MELABHAI L.R.OF RABARI MELABHAI GALABHA & 4 -
Petitioner(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
PV HATHI for Petitioner(s) : 1 - 2, 2.2.1, 2.2.2,2.2.3 - 3, 3.2.1,
3.2.2, 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.7, 3.2.8,3.2.9 - 5,
5.2.1,5.2.2
MS MAITHALI MEHTA ASSISTANT GOVERNMENT PLEADER for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 29/08/2011
ORAL
JUDGMENT
Rule.
Ms. Maithali Mehta learned Assistant Government Pleader waives
service of rule on behalf of the respondent.
By
this application, the applicants seeks permission to bring to join
the applicants 2(1) to 2(3) as the heirs and legal representatives
of deceased applicant-appellant No.2 Rabari Rabhabhai Melabhai.
Heard
Ms. Khyati Hathi learned advocate for the applicants and Ms.
Maithali Mehta learned Assistant Government Pleader for the
respondent.
From
the averments made in the application, it is apparent that original
appellant No.2 Rabari Rabhabhai Melabhai expired on 15.4..2010
during the pendency of Second Appeal No.190 of 1989 leaving behind
him the applicants No. 2(1) to 2(3) as his heirs and legal
representatives.
In
the circumstances, the application deserves to be allowed and is
accordingly allowed. The applicants are permitted to join applicants
No.2(1) to 2(3) as his heirs and legal representatives of deceased
applicant / appellant No.2- Rabari Rabhabhai Melabhai. The cause
title of Second Appeal No.190 of 1989 be amended accordingly.
Rule
is made absolute with no order as to costs.
(HARSHA
DEVANI, J.)
(ashish)
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