Disposed

Zala Haribhai Mithabhai v. State of Gujarat

Gujarat HC24 Jun 2022SCA/13763/2008

Case brief

AI extract

What is this about?

The High Court at Ahmedabad allowed the withdrawal of Special Civil Application No. 13763 of 2008. The withdrawal was ordered non-binding on the heirs and legal representatives of deceased petitioners regarding whom no settlement was reached.

What did the court decide?

The petition is disposed of as withdrawn; however, the withdrawal shall not be binding on the heirs of deceased petitioners nos. 1, 3, and 10.

Zala Haribhai Mithabhai Vs State of Gujarat — Civil Procedure and Limitation | Gujarat HC (2022)

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C/SCA/13763/2008 ORDER DATED: 24/06/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 13763 of 2008

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ZALA HARIBHAI MITHABHAI & 11 other(s)

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Versus STATE OF GUJARAT & 5 other(s)

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Appearance:

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MS VISHWA A SHASTRI(10559) for the Petitioner(s) No. 1,10,11,12,2,3,4,5,6,7,8 NOTICE SERVED for the Petitioner(s) No. 9 AADITYA D BHATT(8580) for the Respondent(s) No. 5 APPEARANCE DELETED for the Respondent(s) No. 6 CHANDNI S JOSHI(9490) for the Respondent(s) No. 5 MR JK SHAH, AGP for the Respondent(s) No. 1,2,3 MR ANSHIN H DESAI(1020) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 4

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CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

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Date : 24/06/2022

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ORAL ORDER

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Mr. Mehul Shah, learned Senior Counsel appearing with Ms.Vishwa Shastri, learned Advocate appearing for the petitioners has urged that this Court was kind enough to pass the order dated 14.06.2022 permitting the withdrawal qua the petitioner nos. 2,4,5,6,7,8,9,11 and 12. However, the withdrawal, was ordered to be not binding on the heirs and legal representatives of petitioner nos. 1,3 and 10. It is submitted that so far as the petitioner no. 1 is concerned, he passed away on 06.12.2011, petitioner no. 3 on 11.10.2018 and petitioner no. 10 on 08.07.2020. Several attempts have been put, neither the petitioners nor the heirs could be traced out. It is submitted that even the respondent no. 5 has filed further affidavit inter alia pointing out that none of the legal heirs of the deceased petitioner nos. 1,3 and 10, have contacted the respondent no. 5 for settlement, as was done by the other petitioners. In

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Page 1 of 2

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C/SCA/13763/2008 ORDER DATED: 24/06/2022

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addition to this, even the learned Advocate appearing for the petitioners have informed the petitioner nos. 1,3 and 10. However, there was no response to the said communication. In view thereof, it is urged that the petition be disposed of as withdrawn however, let the withdrawal not be binding upon the heirs of petitioner nos. 1,3 and 10.

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Accordingly, permission as prayed for is acceded to. Paragraph 3 of the order dated 14.06.2022 is modified and be read thus: The present petition is disposed of as withdrawn; however, withdrawal of the present petition shall not be binding to the heirs of petitioner nos. 1,3 and 10. No order as to costs.

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(SANGEETA K. VISHEN,J)

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SINDHU NAIR

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Zala Haribhai Mithabhai v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Zala Haribhai Mithabhai v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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