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CA/15711/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 15711 of 2010
In
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 3000 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 604 of 2008
=========================================================
STATE
OF GUJARAT THROUGH THE SECRETARY - Petitioner(s)
Versus
BHAVSINH
JAYMAL - DECEASED THRO LEGAL HEIRS & 6 - Respondent(s)
=========================================================
Appearance
:
MS
MANISHA L SHAH ASSTT. GOVERNMENT PLEADER
for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 2, 2.2.1, 2.2.2,
2.2.3,2.2.4 -
7.
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 11/04/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
petition has been filed for bringing on record the heirs of
respondent No.2 Fuliben Bababhai, who died on 4.10.2008. The State
had no knowledge about the same.
2. Having
heard the learned AGP for the petitioner and taking into
consideration the fact that the State had no knowledge about the
death, we condone the delay of 703 days in preferring the
application, subject to objection, if any, that may be raised by
heirs of respondent No.2 in the main appeal, and allow the petition.
Arjanbhai son of Bababhai, Bharatbhai son of Bababhai, Dashrathbhai
son of Bababhai and Harshaben daughter of Bababhai, be impleaded as
party respondent Nos.2/1, 2/2, 2/3 and 2/4 respectively to the
Letters Patent Appeal and connected civil applications. Cause-titles
be amended accordingly.
3. Civil
Application stands disposed of.
Let
notice be issued on the substituted legal heirs of deceased
respondent No.2 in the matter of condonation of delay in preferring
the appeal.
Direct
service is permitted.
(S.J.
MUKHOPADHAYA, CJ.)
(J.B.
PARDIWALA, J.)
zgs/-
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