Gujarat High Court Case Information System
Print
CA/8133/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 8133 of 2010
In
CIVIL
APPLICATION No. 12826 of 2009
In
SECOND APPEAL (STAMP NUMBER) No. 288 of 2009
With
CIVIL
APPLICATION No. 12826 of 2009
In
SECOND APPEAL (STAMP NUMBER) No. 288 of 2009
=========================================================
SRISENABEN
MAHENDRABHAI PATEL & 1 - Petitioner(s)
Versus
LEGAL
HEIRS OF BHAILALBHAI JETHABHAI PATEL, BHAGUBHAI & 3 -
Respondent(s)
=========================================================
Appearance
:
MR
ANAND R PATEL for
Petitioner(s) : 1, 1.2.1, 1.2.2,1.2.3 - 2.
None for Respondent(s)
: 1 - 3,3.2.1 - 4, 4.2.1, 4.2.2,4.2.3
NOTICE NOT RECD BACK for
Respondent(s) : 3.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/01/2011
ORAL
ORDER
Heard
learned advocate Mr. AR Patel on behalf of applicant.
The
present application is preferred with a prayer to bring heirs and
legal representatve of original plaintiff no. 3 respondent no. 3 Mr.
Bipinbhai Ranchhodbhai Patel, who expired on 9/6/2003. Considering
extract of village form no. 7/12 and extract no. 6 of land in
question, following are heirs and legal representative of respondent
no. 3:
(A)
Minor Tapan Bipinbhai Ranchhodbhai
(B)
Hemaben Wd/o Bipinbhai Ranchhodbhai as herself & as legal
guardian of minor, both are residing near Pranami Mandir, Lakhavada,
Nadiyad. The death certificate of respondent no. 3 is produced on
record, where date of death is mentioned as 9/6/2003.
Therefore,
considering submission made by learned advocate and averment made in
this application supported with affidavit, prayer made in para 5(b)
is granted. Accordingly, cause title of Civil application no.
12826/2009 and Second Appeal (ST) no. 288/2009 is to be amended
accordingly. In view of this, present application is disposed of.
ORDER
IN CIVIL APPLICATION NO. 12826/2009
Heard
learned advocate Mr. AR Patel on behalf of applicant.
The
present application is preferred by applicant original defendant
with a prayer to condone delay of two days in filing second appeal.
Considering two days delay, this Court has passed an order without
issuing notice to other side.
I
have considered submission made by learned advocate Mr. Patel and
considering averment made in this application supported with
affidavit, delay of two day is condoned in interest of justice as
sufficient cause is shown by applicant to the satisfaction of this
Court. Accordingly, present application is allowed without issuing
notice to other side for the reason that only two days delay is
required to be condoned except that there is no objection in Second
Appeal.
Therefore,
present application is disposed of. Registry is directed to
register Second Appeal (ST) no. 288/2009 and then to circulate it
for admission.
(H.K.RATHOD,
J)
asma
Top