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[Cites 1, Cited by 1]

Gujarat High Court

Hirji Meghji Siju vs Navinchandra Chunilal Thakkar on 25 July, 2019

Author: V.P. Patel

Bench: K.M.Thaker, V.P. Patel

         C/FA/1713/2019                                         ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 1713 of 2019
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
                 In R/FIRST APPEAL NO. 1713 of 2019
==========================================================
                         HIRJI MEGHJI SIJU
                               Versus
                  NAVINCHANDRA CHUNILAL THAKKAR
==========================================================
Appearance:
KUNAL M DAVE(10125) for the Appellant(s) No. 1,2
MR HARDIK H DAVE(6295) for the Appellant(s) No. 1,2
for the Defendant(s) No. 1,2,3
==========================================================

 CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
        and
        HONOURABLE MR.JUSTICE V.P. PATEL

                             Date : 25/07/2019

                       ORAL ORDER

(PER : HONOURABLE MR.JUSTICE V.P. PATEL) Heard learned advocate for the appellant. It is submitted that the opponent no.3­wife of the deceased has remarried and, therefore, the dependency is not required to be considered.

An application before the learned Tribunal at Exh­27 was filed but no decision is taken on that application.

The learned advocate has relied upon the Page 1 of 2 Downloaded on : Sat Jul 27 01:59:04 IST 2019 C/FA/1713/2019 ORDER judgment dated 17.7.2002 in case of Haneef v. Motor Accident Claims Tribunal/ Special Judge (E.C. Act), Jhansi and Others passed by Allahabad High Court reported in (2002) 48 ALR 716.

Notice for final disposal returnable on 27.8.2019.

The learned advocate for the appellant shall provide the present address of the opponent no.3 who has remarried. Notice shall be issued to opponent no.3 on the said given address.

(K.M.THAKER, J) (V. P. PATEL,J) saj Page 2 of 2 Downloaded on : Sat Jul 27 01:59:04 IST 2019