1. This application has been filed by the applicant (original petitioner), with a prayer to bring on record the heirs and legal representatives of deceased-respondent No.2-Shri Khodabhai Ambaram, who passed away on 02.03.2002, as per the Death Certificate at Annexure-A-I Colly. to the application and to condone the delay of 3126 days, that has occurred in preferring the application, in addition to setting aside the abatement.
2. Heard Mr. Pranav S. Dave, learned Assistant Government Pleader for the applicant, Mr.P.R. Nanavati, learned advocate for respondents Nos.3 to 7 and Mr.K.M. Anatni, learned advocate for Mr.Satyam Y. Chhaya, learned counsel for respondent No.1.
3. It is submitted by the learned Assistant Government Pleader that the applicant came to know regarding the death of respondent No.2 only after issuance of notice by this Court, on the next returnable date. Some time was consumed in tracing out the deceased, legal heirs and representatives of the deceased-respondent No.2, therefore, the delay may be condoned and the prayers made in the application may be granted.
4. Upon the hearing of the learned counsel for the respective parties, the following order is passed:
The delay of 3126 days in filing the application is set aside. Abatement, if any, is also set aside. The applicant is permitted to bring on record the heirs and legal representatives of deceased-respondent No.2-Shri Khodabhai Ambaram, as described in Paragraph-3 of the application.
5. The application is allowed in the above terms. Rule is made absolute.
6. The applicant may place on record the amended cause-title in Special Civil Application No.16053 of 2010, within a period of two weeks.
(Smt. Abhilasha Kumari, J.) rakesh/ Top