The special civil application is dismissed for non-prosecution as the petitioner passed away during pendency without known legal heirs.
Petition dismissed for non-prosecution; six months granted to legal heirs to appear; bar on future applications if not brought within period.
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C/SCA/10046/2011 ORDER DATED: 29/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10046 of 2011
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BHARAT BHAI BECHARBHAI PATEL
Versus
GUJARAT STATE ELECTRICITY COP.LTD. & 2 other(s)
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Appearance:
MR JINESH H KAPADIA(5601) for the Petitioner(s) No. 1 MR MD PANDYA(548) for the Respondent(s) No. 1,3 MS MAYA S DESAI(285) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 29/11/2021 ORAL ORDER
Learned advocate Mr.Kapadia has submitted
that as per his information, the petitioner has
passed away and despite his best efforts, he is
unable to locate the heirs of the petitioner and
he also suggests that the petition may be
disposed of reserving the liberty in favour of
the petitioner to file appropriate application if
the petitioner /legal heirs of the petitioner so
desire(s).
Under the circumstances, the present writ
petition is dismissed for non-prosecution for
want of legal heirs of the petitioner, who has
passed away on 24.04.2021 during pendency of the
petition. It is clarified that in case the legal
heirs do not file any application within the
further period of six months, no application for
bringing legal heirs on record shall be
entertained.
NVMEWADA
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BHARAT BHAI BECHARBHAI PATEL
GUJARAT STATE ELECTRICITY COP.LTD.
A.S. Supehia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court