This application has been filed with a prayer to permit the applicants to be joined as petitioners Nos.2/1 to 2/4 in place of deceased original petitioner No.2 - Ishwarbhai Valjibhai Patel, being his heirs and legal representatives, in Special Civil Application No.6300 of 2002.
Heard Mr.Dhirendra Mehta, learned advocate for the applicants (proposed petitioners), Ms.Nisha Thakore, learned Assistant Government Pleader for respondents Nos.1 and 2 and perused the averments made in the application.
It is submitted by Mr.Mehta that the delay in filing the present application has been condoned by order dated 19.01.2012, passed in Civil Application No.9120 of 2011. That, Ishwarbhai Valjibhai Patel, original petitioner No.2, expired on 05.10.2004, leaving behind him the applicants as his only heirs and legal representatives. The applicants have an interest in the subject-matter of the petition and it would be in the interest of justice if the prayers made in the application are granted.
Having heard the learned counsel for the respective parties and as the applicants are the only heirs and legal representatives of deceased original petitioner No.2 - Ishwarbhai Valjibhai Patel, the prayers made in the application deserve to be granted.
Accordingly, the following order is passed:-
The application is allowed. The applicants are permitted to be joined as petitioners Nos.2/1 to 2/4 in Special Civil Application No.6300 of 2002. The amended cause-title be placed on the record of the petition within a period of one week from today.
The application is disposed of in the above terms.
(Smt.
Abhilasha Kumari, J.) (sunil) Top