Sabanbibi vs Ayashabibi on 18 June, 2010

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CA/5129/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION No. 5129 of 2010
 

In


 

MISC.CIVIL
APPLICATION - FOR RESTORATION No. 619 of 2010
 

In


 

FIRST
APPEAL No. 1540 of 1981
 

 
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SABANBIBI
YARUBHAI & 6 - Petitioner(s)
 

Versus
 

AYASHABIBI
D/O NURBHAI YARUBHAI & 3 - Respondent(s)
 

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Appearance : 
MR
VIBHUTI NANAVATI for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5, 1.2.6,1.2.7 - 2, 2.2.1, 2.2.2, 2.2.3, 2.2.4,2.2.5 - 3. 
MR
SUNIL MEHTA for MR SK BUKHARI for Respondent(s) : 1 - 3. 
None for
Respondent(s) : 4, 4.2.1, 4.2.2,4.2.3
 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

	
       Date : 18/06/2010 

 

 
ORAL
ORDER

1. By
way of this application, the applicant has prayed to bring heirs and
legal representative of respondent no. 4 on record.

2. Heard
learned counsel for the respective parties and perused the documents
on record. It appears that respondent no. 4 expired on 22.02.1992 and
deceased respondent no. 4 being sister of the father of applicant,
the applicant was having the knowledge of it. However, this
application is filed after a period of 18 years, which is in gross
violation of principle of law. Apart from that for bringing heirs on
record after a period of three years is not allowed since the rights
of the parties are finalized.

3. In
view of the above, the application is dismissed.

[K.S.

JHAVERI, J.]

/phalguni/

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