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FA/4803/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4803 of 2010
=========================================
SUNDERBEN
WD/O RAMANBHAI RANGLAL & 3 - Appellant(s)
Versus
SALIMKHAN
MIRAJKHAN MAKRANI & 4 - Defendant(s)
=========================================
Appearance :
NOTICE
SERVED for
Appellant(s) : 1,3 - 4.
UNSERVED-EXPIRED (N) for Appellant(s) : 2,
None for
Defendant(s) : 1 - 5.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/02/2011
ORAL
ORDER
1. The
present First Appeal, though numbered in the year 2010, has been
preferred by the appellants-original claimants challenging the
judgment and award passed by the learned Motor Accident Claims
Tribunal (Auxiliary), Sabarkantha District, Himatnagar in M.A.C.P.
No. 448/1986 in so far as not awarding full claim as prayed for.
2. On
the death of the learned advocate appearing on behalf of the
appellants, Registry was directed to issue fresh notice upon the
appellants so as to enable them to make alternative arrangement and
it is reported that notice upon appellants nos. 1, 3 and 4 have been
served and notice upon appellant no. 2 is unserved as expired.
3. Nobody
appears on behalf of appellants nos. 1, 3 and 4 though served and no
steps are taken to bring the heirs and legal representatives of
appellant no. 2 on record. Hence, the present First Appeal is
dismissed for non-prosecution so far as appellants nos. 1, 3 and 4
and is dismissed as having been abated so far as appellant no. 2 is
concerned.
(M.R.
SHAH, J.)
siji
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