1. Heard Ms. Reena Kamani, learned advocate for Mr. P.H. Pathak, learned advocate for the applicant and Mr. P.S. Gogia, learned advocate for the opponent.
2. The applicant has taken out present application seeking below mentioned relief / direction:-
"4(A) Be pleased to allow this application and permit the applicant to join as the legal heir of the deceased petitioner in the petition, as mentioned above.
(B)......"
3. The applicant has taken out present application on the ground that the applicant is son of the original petitioner in SCA No.10120 of 2002 and that the original petitioner i.e. mother of the present applicant expired on 9.10.2010. Therefore, as the heirs / legal representative of the said original petitioner i.e. Mrs. Anuben Meghjibhai Arila present application is taken out because the petition is pending and the applicant being the heirs of the legal representative is interested in the said proceedings as heir / legal representative of the original petitioner.
4. It is also claimed by the applicant that the father / husband of the original petitioner expired before about 25 years and that therefore any question of application by the husband of the petitioner does not survive.
5. Learned advocate for the applicant has orally requested that delay caused in preferring application may be condoned.
6. Mr. Gogia learned advocate for the opponent has submitted that the opponent has no objection if the application is allowed.
7. Considering the request and the facts of the case the delay caused in preferring the application is condoned. The applicant is allowed to be joined proceedings of SCA No.10120 of 2002. The relief prayed for in paragraph 4(A) is granted.
With the aforesaid clarification the application stands disposed of accordingly.
(K.M.THAKER,J.) Suresh* Top