This application has been filed with the following prayers:
"(A) Your Lordships be pleased to allow this application by granting permission of reconstruction of the main petition i.e. Special Civil Application No.6077 of 1989 so as to enable this Hon'ble Court to pass appropriate orders upon the Civil Application No.1549 of 2012 for impleadment of the surviving heirs of petitioner No.1 i.e. deceased Vajesang Maganbhai Thakore.
(B) Pending hearing and final disposal of this application, Your Lordships further be pleased to dispense with the affidavit of the applicants as the facts are taken from the records of the present proceedings filed by the applicants and in the facts and circumstances of the case and in the interest of justice, equity and fair play.
(C) Such other and further relief or reliefs as may be deemed just and expedient in view of the facts and circumstances of the case may be granted."
Heard Mr.K.G.Pandit, learned advocate for the applicants and perused the averments made in the application.
It is submitted by the learned advocate for the applicant that as per the information received from the Registry of this Court, the papers of Special Civil Application No.6077 of 1989, are not traceable. The advocate for the applicants has submitted a Note for reconstruction of the petition on 31.01.2012, along with the entire record of the aforesaid main petition to the concerned Department. However, the Registry has informed that as per the amendment in the Rules, an application is required to be filed for seeking appropriate orders regarding reconstruction of the main petition that has been lost, or is not traceable, in the concerned Department.
In view of the submissions made by the learned advocate for the applicants and the averments made in the application, permission to reconstruct Special Civil Application No.6077 of 1989, is granted.
The application is disposed of in the above terms.
(Smt.Abhilasha Kumari, J.) (sunil) Top