Legal heirs may be impleaded in appeals upon request supported by proof of death and lack of objection from opposing parties.

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

Captioned application, is by the proposed respondents and legal heirs of the original claimant. Request is for impleading them as party respondents in the captioned appeal. Mr Hiren M. Modi, learned advocate for the applicants, took this Court to the death certificate of the original claimant and submitted that, the original claimant passed away on 29.01.2021. Similarly, attention is also invited to the pedigree indicating that the proposed respondents are the heirs of deceased Manjulaben Kiritbhai Patel. It is therefore, requested that the proposed respondents be arraigned as the party respondents in the captioned appeal.

2. Ms Foram Trivedi, learned Assistant Government Pleader, has no objection if the applicants are impleaded as proposed respondents considering the fact that the appeal is filed by the State.

3. Heard learned advocates appearing for the respective parties. 4. Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

5. Having regard to the averments, the oral submissions made, so also the death certificate and the pedigree, the present application deserves to be allowed is accordingly, allowed in terms of paragraph 10(b). Rule is made absolute. No order as to costs.

6. Vide order dated 15.09.2021, this Court, has passed the following order:-

“Order in First Appeal Heard Mr. K.M. Antani, the learned AGP appearing for the appellants.

This appeal is ordered to be admitted.

Let notice of admission be issued to the other side.

Order in Civil Application We have heard Mr. K.M. Antani, the learned AGP applicants.

We are informed by Mr. K.M. Antani, the learned AGP, that the entire awarded amount with proportionate cost and interest has been deposited with the Land Reference Court.

Considering the fact that the First Appeal is admitted and the entire awarded amount is also deposited with the Land Reference Court, it is directed that the concerned Court shall disburse 50% of the awarded amount to the claimant after due verification and invest the remaining 50% of the amount in a cumulative Fixed Deposit Receipts in any Nationalized Bank initially for a period of three years and the same shall be renewed from time to time and shall not be encashed till the final disposal of the appeal. The original FDR be retained by the Nazir Department of the concerned Court.