STATE OF GUJARAT Vs. KHIMIBEN VELABHAI BHARAI

JUDGEMENT

(1.) The endorsement on the board shows that respondents No.1, 3 and 5 are the deceased respondents. It would have required the appellant - State to take necessary steps to join the heirs of the said deceased respondents, however, it was jointly pointed out by learned advocates for the respective parties that their heirs - respondents No.1.1, 3.1, 3.2, 3.3 and 5.1, respectively are on record. Respondent heir No.3.1 - widow of deceased respondent no.3 has also expired.

(2.) Learned Assistant Government Pleader Ms.Nidhi Vyas for the State has already stated that respondents No.1, 3 and 5 are not required to be served since they are deceased respondents and their heirs are already on record.

(3.) This application is filed by the State seeking to condone the delay of 178 days which is caused in filing the First Appeal against the judgment and award passed by the Reference Court - the Principal Senior Civil Judge, Dhoraji.