NATHUBHAI BHAGWANBHAI DUDHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Amita Shah, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos.1 to 3, Ms.Krushita Patel, learned advocate, waives service of notice of Rule for respondents Nos.4 to 9, 13 and 14, and Mr.M.B.Parikh, learned advocate, waives service of notice of Rule for respondents Nos.10.1 to 10.6. On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided finally.

(2.) This application has been preferred by the applicants - original petitioners with a prayer to permit them to bring on record, the heirs and legal representatives of deceased respondent No.10 - Nankabhai Kalabhai, who have been arrayed as opponents Nos.10.1 to 10.6 in the application.

(3.) It is submitted by Mr.Shital R. Patel, learned advocate for the applicants that respondent No.10 had passed away on 28.06.2008, even before the initiation of proceedings by the Collector. Further, the Collector did not bring the legal heirs on the record of the proceedings which were initiated by him suo motu. Respondent No.10, being the original seller of the Sale Deed executed in favour of the petitioners in the year 1979, was no more an aggrieved party, having pocketed the consideration and parted with the land in question willingly. In any case, as the claim is now being made by learned counsel for respondents Nos.10.1 to 10.6 that the proposed opponents are in possession of the land in question, it is necessary to bring them on record.