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CA/10850/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 10850 of 2008
In
FIRST
APPEAL No. 405 of 1985
=========================================================
SURESHWARI
CO OP HOUSING SOCIETY LTD & 6 - Petitioner(s)
Versus
GEETABEN
DAHYABHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK R DAVE for
Petitioner(s) : 1 - 5, 5.2.1,5.2.2 - 7.
None for Respondent(s) :
1,1.2.2
RULE SERVED BY DS for Respondent(s) : 1.2.1, 1.2.3,
1.3.1,1.3.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/10/2008
ORAL
ORDER
Heard
learned advocate Mr. DR Dave on behalf of present applicants
original appellants.
Learned
advocate Mr. Dave submitted that original respondent no. 1/1
Chanchalben w/o Shakrabhai Atmaram Patel has died and original
respondent no. 1/3 Dahyabhai Shakrabhai Patel is also died living
behind heirs and legal representatives.
Learned
advocate Mr. Dave submitted that date of death of both persons and
death certificates are not available with applicants. In spite of
serious efforts made by applicants, they are not able to get death
certificates. Both have died, this is a real facts as stated on
affidavit by applicants.
In
light of this fact though Rule issued by this Court is served to
respondent no appearance is filed by them, even in main appeal also
respondents are not appeared through any advocate.
Therefore,
considering facts in absence of death certificates this Court has
relied affidavit of applicants and prayer made in para 7(B)(C)(D)(E)
is granted. Accordingly, cause title is require to be amended.
The
mistake has been committed by applicants that instead of Chanchalben
Shakrabhai Patel, it has been mentioned Chanchalben Gunvatnbhai
Patel is to be read as Chanchalben Shakarbhai Patel. Accordingly,
amendment is permitted.
In
view of above observation and directions present civil application
is disposed of.
(H.K.RATHOD,
J)
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