Pankajbhai Rameshbhai Zalavadiya vs. Jethabhai Kalabhai Zalavadiya (Deceased) Through Lrs

\2161 ITEM NO.1 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 4/2016 in Petition(s) for Special Leave to Appeal (C) No(s). 31212/2014 (Arising out of impugned final judgment and order dated 05/03/2014 in SCA No. 16985/2011 passed by the High Court Of Gujarat At Ahmedabad) PANKAJBHAI RAMESHBHAI ZALAVADIYA Petitioner(s) VERSUS JETHABHAI KALABHAI ZALAVADIYA & ORS. Respondent(s) (for substitution of l.rs of the deceased respondent and office report) Date : 29/11/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Nikhil Goel,Adv. Ms. Naveen Goel, Adv. Mr. Ashutosh Ghade, Adv. For Respondent(s) Mr. Nikhil Nayyar, Adv. Ms. Anushree Prashit Kapadia,Adv. UPON hearing the counsel the Court made the following O R D E R Delay in filing the substitution application is condoned. A perusal of the interlocutory application reveals, that respondent no.1 died on 29.06.2014. Through the instant application, the applicants are desirous to bring on record the legal representatives of respondent no.1. It is submitted, that the existing respondent nos. 3 to 6 are indeed the legal representatives of deceased respondent no.1. In view of the above, the application for impleading the 2 legal representatives of deceased respondent no.1, as depicted in paragraph 3 of the application, is allowed, subject to all just exceptions. Through the instant application, a prayer has also been made to implead the legal representatives of deceased respondent no.8, who is stated to have died on 07.02.2012. His legal representatives have been fully described in paragraph 4 of the application. Having heard learned counsel for the non-applicants, we are of the view, that the instant prayer made for impleading the legal representatives of deceased respondent no.8, deserves to be allowed, subject to all just exceptions. Ordered accordingly. It is also clarified, that all pleas available to the non-applicants shall remain open, despite impleading the legal representatives of deceased respondent no.8. Amended memo of parties be filed within one week. Issue notice to the legal representatives of deceased respondent no.8, returnable in four weeks. (Renuka Sadana) (Parveen Kumar) Assistant Registrar AR-cum-PS