Gujarat High Court
Patel Dineshbhai Naranbhai & 4 vs Legal Heirs Of Vaghri Lallubhai ... on 17 March, 2017
Author: K.M.Thaker
Bench: K.M.Thaker
C/CA/4090/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 4090 of 2013
In SPECIAL CIVIL APPLICATION NO. 16022 of 2011
PATEL DINESHBHAI NARANBHAI & 4....Applicant(s)
Versus
LEGAL HEIRS OF VAGHRI LALLUBHAI AUKHABHAI & 6....Respondent(s)
Appearance:
MR HARDIK C RAWAL, ADVOCATE for the Applicant(s) No. 1 - 5
MR PATEL AGP for the Respondent(s) No. 6
MR NK MAJMUDAR, ADVOCATE for the Respondent(s) No. 3
MR SP MAJMUDAR, ADVOCATE for the Respondent(s) No. 1.1.1 - 1.1.6 ,
1.2.1
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 17/03/2017
ORAL ORDER
Heard Mr. Hitesh Makwana, learned advocate for Mr. Hardik C Rawal, learned advocate for the applicants, Mr. Patel, learned AGP for opponent No. 6, Mr. Naman H. Kinthabwala, learned advocate for Mr. N.K. Majmudar, learned advocate for the opponent No. 3 and Mr. Nishit Gandhi, learned advocate for Mr. S.P. Majmudar, learned advocate for the opponent Nos. 1.1.1-1.1.6 and 1.2.1.
Having regard to the facts of the case, Rule. Page 1 of 4 HC-NIC Page 1 of 4 Created On Mon Aug 14 13:47:12 IST 2017 C/CA/4090/2013 ORDER Returnable forthwith. Mr. Patel, learned AGP has waived service of Rule for the opponent no. 6, Mr. Naman H. Kinthabwala, learned advocate has waived service of Rule for the opponent No. 3 and Mr. Nishit Gandhi, learned advocate has waived service of Rule for the opponent Nos. 1.1.1-1.1.6 and 1.2.1 and with their consent the application is heard for final order.
In present application the applicants have prayed, inter alia, that:-
"3(b) Be pleased to permit the applicants to delete respondent no. 1/3 "Vaghri Valiben Lallubhai (Daughter of Lallubhai Aukhabhai)" and respondent no. 4 "Nagarbhai Lalabhai" from the title of Special Civil Application No. 16022 of 2011"
The applicants are the original petitioners in Special Civil Application No. 16022 of 2011.
So as to justify the request made in the application the applicants have averred and stated that:-
"2. The applicants submit that respondent no. 1/3 in this application as well as the above mentioned petition, "Vaghri Valiben Lallubhai (Daughter of Lallubhai Aukhabhai)" has expired and as per the "pedhinama" she has no legal heir...... Therefore applicants crave leave of this Hon'ble Court to delete original respondent no. 1/3 "Vaghri Valiben Lallubhai (Daughter of Lallubhai Aukhabhai)" from the title of Special Civil Application No. 16022 of 2011. The applicants submit that respondent no. 4, "Nagarbhai Lalabhai"
has also expired and the applicants crave leave of this Hon'ble Court to delete respondent no. 4. The applicants submit that respondent no. 4, "Nagarbhai Lalabhai" from the title of special civil application no. 16022 of 2011"
Having regard to the said details and also having regard to the submissions by learned advocates for the Page 2 of 4 HC-NIC Page 2 of 4 Created On Mon Aug 14 13:47:12 IST 2017 C/CA/4090/2013 ORDER opponent no. 3 and opponent nos. 1.1.1-1.1.6 and 1.2.1 as well as submission by learned AGP that they do not have any objection if the relief prayed for in paragraph no. 3(b) is granted, following order is passed:-
With the clarification that the request made in paragraph no. 3(b) is granted at the risk of and consequences of the applicants and with the further clarification that any order which may be passed by the Court in the main petition or proceedings related to main petition will not be binding to the legal representatives of respondent no. 1.3 and respondent no. 4, if there are any, or to any other person to whom right of the said respondent no. 1.3 and respondent no. 4 may have devolved in accordance with law the applicants i.e. original petitioners are permitted to delete the said respondent no. 1.3 and respondent no. 4.
Accordingly the application is allowed in terms of paragraph nos. 3(b). Rule is made absolute to the aforesaid extent.
The application stands disposed of. Orders accordingly.
Page 3 of 4 HC-NIC Page 3 of 4 Created On Mon Aug 14 13:47:12 IST 2017 C/CA/4090/2013 ORDER (K.M.THAKER, J.) Suresh* Page 4 of 4 HC-NIC Page 4 of 4 Created On Mon Aug 14 13:47:12 IST 2017