1. The present application has been filed by the heirs of the original petitioner No.1 and original petitioner No.2 respectively with a prayer to permit the applicants Nos.1/1 to 1/3 of the present application to be brought on the record of Special Civil Application 20340 of 2006 in place of deceased petitioner No.1 and to condone the delay, if any, in filing the present application.
2. Heard Mr.A.J.Patel, learned counsel for the applicants and Mr.Pranav S.Dave, learned Assistant Government Pleader for respondents Nos.1 and 2 and Mr. Shital R.Patel, learned advocate for respondents Nos.3 to 5 and perused the averments made in the application. The record reveals that original petitioner No.1 expired on 7-7-2007. It is stated in the application that the death of deceased petitioner No.1 was brought to the notice of the applicants only when the petition was notified for final hearing on 20-01-2012 and as soon as the applicants learnt about the death of petitioner No.1, they have filed the present application.
3. Having heard the learned advocates for the respective parties and in view of the averments made in the application, the following order is passed:
The delay is condoned and abatement, if any, is set aside. Applicants Nos.1/1 to 1/3 are permitted to be brought on record of Special Civil Application No.20340 of 2006 in place of deceased petitioner No.1.
The necessary amendment in the cause title of the main petition be carried out forthwith.
4. The application is disposed of,as above.
(Smt.Abhilasha Kumari,J) arg Top