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1997 Supreme(Guj) 110

S.D.PANDIT
KARIMABIBI – Appellant
Versus
ANKLESHWAR MUNICIPALITY – Respondent


Advocates Appeared: A.J.DESAI, B.S.PATEL, J.C.Sheth, J.V.DESAI

S. D. PANDIT, J.

( 1 ) RULE. I have heard both the sides at length on merits. I, therefore, proceed to dispose of this petition finally by issuing Rule today.

( 2 ) THE present petition is filed by one Karimabibi, widow of Gulam Mohamed mustufa and 6 others who are sons and daughters of Karimabibi Mohamed Mustufa, to challenge the order passed by the Judicial Magistrate, First Class, Ankleshwar in criminal Misc. Application No. 159 of 1996, on 25th October, 1996 and the entries made in the birth register maintained by the respondent No. 1 on the strength of the said order of the learned Magistrate.

( 3 ) THE present petitioners are widow and children of late Gulam Mohamed mustufa. The respondent No. 2 is husband of respondent No. 3 Jubedabibi. The said respondent No. 3 Jubedabibi, it seems is claiming to be the daughter of late Gulam mohamed Mustufa. The respondent No. 2 as a power of attorney holder of respondent no. 3 Jubedabibi filed an application bearing Criminal Misc. Application No. 159 of 1996 in the Court of Judicial Magistrate, First Class, Ankleshwar, purporting to be an application under Sec. 13 (3) of the Registration of Births and Deaths Act, 1969. The said application















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