Gujarat High Court
State Of Gujarat & vs Karna Aarshi Varotariya on 22 August, 2013
Author: N.V.Anjaria
Bench: N.V.Anjaria
STATE OF GUJARATV/SKARNA AARSHI VAROTARIYA AAHER (DECD)THROUGH PALIBEN WD/O KAR C/CA/5319/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 5319 of 2013 In CIVIL APPLICATION NO. 2383 of 2013 In SECOND APPEAL (STAMP NUMBER) NO. 42 of 2013 ================================================================ STATE OF GUJARAT & 5....Applicant(s) Versus KARNA AARSHI VAROTARIYA AAHER (DECD)THROUGH PALIBEN WD/O KAR & 5....Respondent(s) ================================================================ Appearance: MR RAHUL DAVE, LD. AGP for the Applicant(s) No. 1 - 6 RULE SERVED for the Respondent(s) No. 1 , 2.1 - 2.5 , 3 - 6 ================================================================ CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 22/08/2013 ORAL ORDER
The present is an application by applicant-original appellant State for bringing heirs and legal representative of deceased respondent No.2-Nathubhai Karna Varotaria. It is stated in the application that said respondent No.2 died on 12th July, 2011. The death certificate is produced on record. Paragraph 5 mentions name of heir and legal representative of deceased, who were also shown in cause title. It was submitted by learned Assistant Government Pleader Mr.Rahul Dave that respondent Nos.2/1 to 2/5 are the surviving heirs of deceased, who will adequately represent the estate of the deceased.
Though served, non-appears for respondent Nos.1, 2/1 to 2/5 and 3 to 6.
In the facts and circumstances of the case, prayers deserve to be granted. Delay, if any, deserves to be viewed leniently and requires to be condoned. Accordingly, application is granted by permitting the applicant to joint respondent Nos.2/1 to 2/5 as heirs and legal representatives of deceased respondent No.2-Nathubhai Karna Varotaria. The cause title of Second Appeal as well as Civil Application No.2383 of 2013 shall stand amended accordingly. Rule is made absolute.
(N.V.ANJARIA, J.) Anup Page 2 of 2