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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAULIK J.SHELAT, J
LR OF DECEASED JAMILBIBI D/O ABDUL RAHIM GULAM RASUL HAIKH – Appellant
Versus
ABDUL AHMAD (RASHIDKHAN) REHMANKHAN PATHAN – Respondent
| Table of Content |
|---|
| 1. procedural updates and reliefs sought under art.227. (Para 1 , 2 , 3 , 4 , 5) |
| 2. timeline of death notice and application filing delays. (Para 6 , 7 , 10 , 11 , 12) |
| 3. parties' contentions on delay and technical maintainability. (Para 8 , 9) |
| 4. no mala fides; amendment curable under o.6 r.17. (Para 13 , 14 , 15) |
| 5. justice over technicalities in o.22; liberal condonation. (Para 16 , 17 , 18 , 19 , 20) |
| 6. quash order, condone delay, substitute heirs. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Advocate Mr. Kuldeep Acharya for learned advocate Mr. Mrugen K Purohit waives service of notice of Rule for respondent Nos. 1, 5, 6 and 7.
2. At the outset, learned Advocate Mr. Mukesh A. Patel appearing for the petitioners states that an affidavit of service of notice upon the legal heirs of respondent No.2 i.e. defendant Nos.2.1 to 2.7 and other respondents was already filed on 19th February, 2016 and 31st August, 2024, respectively. Learned Advocate Mr. Patel states that such affidavits were filed in the Registry of this Court and made available in the file of this matter. Further, learned Advocate Mr. Patel informed this Court that
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