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CA/5129/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 5129 of 2011
In
CIVIL
REVISION APPLICATION No. 137 of 2002
=========================================================
SHANTABEN
WD/O DARUBHAI - Petitioner(s)
Versus
FULABHAI
RANCHODBHAI PATEL [DELETED] & 2 - Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
None for
Respondent(s) : 1,
MR RA PATEL for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE BELA TRIVEDI
Date
: 26/04/2011
ORAL
ORDER
1. Rule.
Heard learned advocate Mr.Chirag B. Patel for Mr.B.S. Patel for the
applicants and learned advocate Mr.R.A. Patel for the opponents.
2. It
appears that opponent No.2-Bhailalbhai Ranchodbhai Patel has expired
as back as on 08.11.2005 and the present application for bringing his
heirs on record has been filed in April, 2011 and hence, there is
delay of about more than five years in presenting this application.
There is no satisfactory explanation coming forth from the applicants
for not filing the application for bringing heirs of opponent No.2
within the prescribed time limit. Since learned advocate Mr.R.A.
Patel appearing for the opponents and also for the proposed heirs of
opponent No.2 has no objection, if the delay is condoned and
abatement is set aside, the present application deserves to be
allowed.
3. Accordingly,
the delay caused in filing the application for bringing legal heirs
of opponent No.2 on record is condoned and the abatement qua original
opponent No.2 is set aside. Rule is made absolute accordingly.
4. However,
it is directed that since the main Civil Revision Application is
already listed on board for final hearing, the same shall be
proceeded further without seeking any further adjournment.
5. The
Civil Revision Application is fixed for hearing on 04.05.2011.
(BELA
TRIVEDI, J.)
Hitesh
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