IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR SET ASIDE ABATEMENT) NO. 3 of 2023 In R/FIRST APPEAL NO. 3643 of 2021 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4 of 2023 In R/FIRST APPEAL NO. 3643 of 2021 ==========================================================

EXECUTIVE ENGINEER WESTERN RAILWAY Versus HEIRS OF DECD TAKHUJI PUNJAJI VAGHELA ==========================================================

Appearance:

MS ARCHANA U AMIN(2462) for the PETITIONER(s) No. 1 MS.POOJA ASHAR, AGP for the RESPONDENT(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 07/02/2024

IA ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

ORDER IN CIVIL APPLICATION (FOR SET ASIDE ABATEMENT) NO. 3 of

2023

1. On 11.12.2023, the learned Additional Registrar (Judicial) had passed following order:

“1.Heard learned advocate Mr. Manish Malviya on behalf of learned advocate Ms. Archana U. Amin for the applicant and learned AGP Mr. P. U. Dhagat for respondent no.2. Perused the application and the record.

2. The applicant has preferred the present application for an amendment in the captioned first appeal in terms of prayer para 8(B) as described in para 4 of the present civil application. The applicant has produced the true copy of the judgement of the learned Trial Court in Civil Misc. Application No. 108 of 2022 bringing the legal heirs of deceased respondent no.1, namely, Takhuji Punjaji Vaghela on record, at Annexure-A from page no.6 to 12. As per that, the present respondent no.1, Takhuji Punjaji Vaghela is expired on 22.05.2012 and the proposed respondent no.1.1 to 1.6 are the direct legal heirs of the deceased respondent no.1. It further appears from the perusal of judgement passed by the learned Trial Court dated 30.09.2022 in Civil Misc. Application No. 108 of 2022 that the learned Trial Court has allowed the civil misc. application to bring the proposed respondent nos.1.1 to 1.6 on record of the original LAR No.140 of 2007 by allowing condonation of delay and setting aside the abatement.

3. On the basis of the said order of learned Trial Court, the proposed respondent nos. 1.1 to 1.6 are also required to be impleaded as respondent nos. 1.1 to 1.6 being the legal heirs of deceased respondent Takhuji Punjaji Vaghela in the captioned first appeal also.

4. Hence, the amendment as sought for in terms of para-8(B) of the present application to implead proposed respondent nos. 1.1 to 1.6 as respondent nos. 1.1 to 1.6 being the legal heirs of original respondent, i.e; Takhuji Punjaji Vaghela in the captioned matters is allowed herewith. Necessary amendment be carried out in the cause title of the captioned matters at the earliest. Amended copy of petition be supplied to all concerned.

5. The present civil application stands disposed of accordingly.”

2. In light of the above order, the abatement is set aside. The application is allowed and stands disposed of.

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY)

NO. 4 of 2023 Heard learned advocates for the respective parties.

Considering the submissions made by learned advocates for the respective parties and considering the averments made in the application, delay is condoned. The application is allowed and stands disposed of.

(BIREN VAISHNAV, J)

(NISHA M. THAKORE,J)

SUYASH SRIVASTAVA