Administrator And Deputy ... vs Shantaben Vasantlal Pandya
2021 Latest Caselaw 1377 Guj

         C/SCA/10949/2020                                   IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021
        In R/SPECIAL CIVIL APPLICATION NO. 10949 of 2020
==========================================================

ADMINISTRATOR AND DEPUTY COLLECTOR, SHREE ARASURI AAMBAJI MATA DEVASTHAN TRUST, AMBAJI Versus DISTRICT DEVELOPMENT OFFICER ========================================================== Appearance:

MS ARCHANA R ACHARYA for the PETITIONER(s) No. for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

Date : 29/01/2021

IA ORDER

1. Heard learned advocate Mr. Archana R. Acharya for the petitioner through video conference.

2. This application is filed with following prayers:

(B) YOUR LORDSHIPS may be pleased to permit the applicant to bring Applicants Nos. 1.1 to 1.4 as the legal heirs and representatives of respondent no. 1 Shantaben Vasantlal Pandya on record by substituting the legal heirs viz. 1/1 to ¼ in place of respondent no. 1 Shantaben Vasantlal Pandya in the Application and amending the cause tile of the Special Civil Application 10949 of 2020, in the interest of justice;

(C) YOUR LORDSHIPS may be pleased to condone the delay, if any, in the filing of the present application for bringing heirs of Respndent no. 1,c in the interest of justice.

3. Learned advocate Mr. Archana R. Acharya for the petitioner has submitted that in the present case Shantaben Vasantlal Pandya is died. She in support of her argument along with

C/SCA/10949/2020 IA ORDER

death certificate of Shantaben Vasantlal Pandya, along with pedigree of Pandya Vastanlal Dayashankar is also attached herewith, which shows names of legal heirs viz. (1) Shantaben (2) Subhashchandra (3) Vipulbhai (4) Kashmiraben and (5) Bhagyvatiben.

4. Rule returnable forthwith.

5. As per the judgment of this Court (Hon'ble Ms. Justice Abhilasha Kumari) reported in 2016(o) AIJEL-HC 236763 in case of Mahadevbhai Punamchand Kela Vs. State of Gujarat, there is no requirement to file separate application for condonation of delay.

5.1 The petitioner is permitted to bring legal heirs on record. 5.2 The amendment in the cause-title of the petition may be carried out.

6. CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021 is allowed and accordingly stands disposed of. Rule is made absolute.

7. The main matter be listed on 15.02.2021. After amendment in the cause-title of the petition, the registry to issue Rule to the newly added legal representatives.

(A. C. JOSHI,J) prk