Gujarat High Court
Manubhai Chhotabhai Patel vs Manubhai Motibhai Patel-Died-Through ... on 25 March, 2019
Author: B.N. Karia
Bench: B.N. Karia
C/SA/202/2015 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2019
In R/SECOND APPEAL NO. 202 of 2015
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MANUBHAI MOTIBHAI PATEL-DIED-THROUGH HIS HEIRS AND L.R. Versus MANUBHAI CHHOTABHAI PATEL ========================================================== Appearance:
MR MC BAROT for the PETITIONER(s) No. MR KV SHELAT for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE B.N. KARIA Date : 25/03/2019 IA ORDER Leave to amend.
Present application has been filed by the applicants with a request to pass necessary order to show the applicants No.1.2 and 1.3 as heirs and legal representatives of the deceased applicant no.1.1 and condone the delay, if any, caused in preferring this application.
Heard learned advocates for the respective parties. It was submitted by learned advocate for the applicants that the applicant no.1 was the original respondent who died on 15.03.2017 and his heirs, being applicants no.1.1 (wife), 1.2(son) and 1.3(son) were brought on record vide order of Page 1 of 3 C/SA/202/2015 IA ORDER this court dated 20.07.2017. Thereafter, applicant no.1.1, being one of the heirs of the original respondent, was passed away on 29.08.2017 leaving behind applicants nos. 1.2 and 1.3, as her heirs and legal representatives. That, the applicants No. 1.2 and 1.3 are the only heirs and legal representatives of their deceased mother ie., applicant no.1.1 and the said applicants are already on record of the titled appeal and therefore, it was requested by him to pass necessary orders to the effect that they are required to be shown as heirs and legal representatives of the deceased applicant no. 1.1.
Learned advocate for the applicants further prayed that delay; if any, caused in filing present application may be condoned in the interest of justice.
Learned advocate for the respondent has submitted that he has no objection if the prayer made by applicants in the application is granted.
Considering the averments made in the application and submissions made by learned advocates for the respective parties, this application is hereby allowed and accordingly disposed of.
Delay, if any, caused in filing present application is Page 2 of 3 C/SA/202/2015 IA ORDER hereby condoned. Registry is directed to show the applicants No.1.2 and 1.3 as heirs and legal representatives of the deceased applicant no.1.1.
(B.N. KARIA, J) K. S. DARJI Page 3 of 3