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FA/557/2002 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 557 of 2002
With
CIVIL
APPLICATION No.2137 of 2002
In
FIRST
APPEAL No. 557 of 2002
=========================================================
UNITED
INDIA INSURANCE CO LTD. - Appellant(s)
Versus
KANUBHAI
ASHABHAI VALAND & 2 - Defendant(s)
=========================================================
Appearance
:
(MR
PV NANAVATI) for
Appellant(s) : 1,MR VIBHUTI NANAVATI for Appellant(s) : 1,
MR
NALIN K THAKKER for Defendant(s) : 1,
NOTICE UNSERVED for
Defendant(s) : 2,
NOTICE SERVED for Defendant(s) : 3,
SERVED BY
RPAD - (N) for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 06/04/2010
ORAL
ORDER
Mr.Nanavati,
learned advocate for the appellant, submitted that respondent No.2,
the driver, as reported, has expired. He has also submitted that even
during the trial, he did not appear as witness.
He
further submitted that in view of the facts and circumstances, the
said respondent No.2 would not be affected in any manner, if the
decree is confirmed as it is or even if it is modified. He,
therefore, sought leave to delete respondent No.2.
Permission,
as prayed for, is granted. Respondent No.2 is directed to be
deleted. The appellant shall carry out necessary amendment in the
cause title of the appeal and the application within three days from
today.
Though,
by order dated 29.03.2010, the Registry was directed to list the
appeal for final hearing in the week beginning from 3rd
May, 2010, today, Mr.Thakker, learned advocate for opponent No.1 i.e.
the claimant, has submitted that in view of the contentions taken in
the appeal, he would take instructions from his client and ascertain
as to whether the claimant is satisfied with the decreetal amount and
if that be so, the appeal may kindly be put to an end at an earlier
date.
Considering
the said request, the office is directed to place the matter for
hearing in admission board on 15.04.2010.
(K.M.Thaker,
J.)
rakesh/
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