Gujarat High Court
Navinchandra Mohanlal Patel (Since ... vs Raj Land Corporation & on 15 June, 2017
Bench: M.R. Shah, B.N. Karia
C/CA/7291/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 7291 of 2017
In CIVIL APPLICATION NO. 7290 of 2017
In CIVIL APPLICATION NO. 2463 of 2013
In FIRST APPEAL NO. 1161 of 2011
With
CIVIL APPLICATION NO. 7290 of 2017
In CIVIL APPLICATION NO. 2463 of 2013
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NAVINCHANDRA MOHANLAL PATEL (SINCE DECEASED)....Applicant(s)
Versus
RAJ LAND CORPORATION & 11....Respondent(s)
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Appearance:
MR S N THAKKAR, ADVOCATE for the Applicant(s) No. 1 1.2
MR KV SHELAT, ADVOCATE for the Respondent(s) No. 6
MR VIMAL A PUROHIT, ADVOCATE for the Respondent(s) No. 6
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 15/06/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) Having heard Shri Satyen Thakkar, learned Advocate appearing on behalf of the applicants, Shri Vimal Purohit, learned Advocate appearing on behalf of respondent No.6, Shri Mehul Shah, learned Senior Advocate appearing on behalf of respondent No.1, Shri Kunal Shah, learned Advocate appearing for Shri B.N. Surti, learned Advocate appearing on behalf of the respondent Nos.11 and 12 and considering the statement made by Shri Satyen Thakkar, learned Advocate appearing on behalf of the applicants that as such the applicants, who are the heirs of the applicant of Civil Application No.2463/2013 - Late Navinchandra Mohanlal Patel, propose to withdraw the said Civil Application No.2463/2013, however unless and until they are brought on Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Aug 18 10:44:44 IST 2017 C/CA/7291/2017 ORDER record in the said Civil Application No.2463/2013 as applicant Nos.1.1 and 1.2 as heirs and legal representatives of deceased Navinchandra Mohanlal Patel, the same cannot be done. Therefore, considering the above and as by the aforesaid the rights of none of the parties are likely to be affected, present application is allowed. Applicants are permitted to be joined / brought on record as Applicant Nos.1.1 and 1.2 in Civil Application No.2463/2013 as heirs and legal representatives of deceased Navinchandra Mohanlal Patel. Registry is directed to amend the cause title of Civil Application No.2463/2013 accordingly. Present application stands disposed of accordingly.
CIVIL APPLICATION NO.7290/2017 In view of the order passed in Civil Application No.7291/2017, Civil Application No.7290/2017 stands allowed and abatement of Civil Application No.2463/2013 against the applicants herein - heirs and legal representatives of deceased Navinchandra Mohanlal Patel is hereby quashed and set aside. Present application stands disposed of accordingly.
Sd/ (M.R. SHAH, J.) Sd/ (B.N. KARIA, J.) Ajay Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Aug 18 10:44:44 IST 2017