Gujarat High Court
Durgaben vs Agricultural on 31 July, 2008
Author: R.M.Doshit
Bench: R.M.Doshit
Gujarat High Court Case Information System
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CA/201920/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2019 of 2007
In
LETTERS
PATENT APPEAL (STAMP) No. 2050 of 2006
In
SPECIAL CIVIL APPLICATION No. 23340 of 2005
=========================================================
DURGABEN
INDUPRASAD KACHHIA (THRO.POA KIRTIKUMAR L GANDHI) - Petitioner(s)
Versus
AGRICULTURAL
PRODUCE MARKET COMMITTEE & 2 - Respondent(s)
=========================================================
Appearance
:
MR
M.B.GANDHI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 31/07/2008
ORAL
ORDER
(Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Application has been taken out by two applicants, namely Himanshu Vrajlal Patel and Kiran Kanubhai Patel, for being substituted for the deceased appellant Durgaben Induprasad Kachhia in the above Letters Patent Appeal (Stamp) No.2050/2006. They claim to be the heirs of the deceased appellant Durgaben Induprasad Kachhia. In support of their claim, the applicants have produced copy of the Will and the Codicil executed by the deceased Durgaben during her life time.
On perusal of the said Will and the Codicil, it appears that the deceased Durgaben had no family of her own. Under the above referred Will, she has bequeathed her properties to several persons including the present applicants. However, under the said Will, one Kirtikumar Laxmanlal Gandhi has been appointed to be the Executor of the Will. In our opinion, right to sue, if any, survives into the Executor Kirtikumar Laxmanlal Gandhi. The present applicants have no locus to be substituted for the deceased appellant.
In above view of the matter, learned advocate Mr.Gandhi seeks leave to withdraw this Application.
Leave is granted. Application stands disposed of as withdrawn.
It is clarified that the withdrawal of this Application will not preclude the Executor of the Will, above referred Kirtikumar Laxmanlal Gandhi, from being substituted for the deceased appellant.
(Sharad
D.Dave, J.) (Ms.R.M.Doshit, J.)
/moin
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