1. As such Mr. A.B.Pandya, learned Advocate for the applicant has filed a sick-note and usually the matters are not taken up when the learned Advocate appearing for the party is not available because of sickness. However, considering the prayers prayed for in the present application, the applicant desires to be arrayed as party respondent No.5 in the main petition being Special Civil Application No. 7443 of 2011.
2. In the main petition i.e. Special Civil Application No. 7443 of 2011 Mr. Zubin Bharda, learned Advocate is appearing for the petitioner and Mr.Kaushal Pandya, learned Advocate is appearing for Surat Municipal Corporation - Respondent Nos. 1 & 2 and Mr. Ronak Raval, learned Assistant Government Pleader appears for respondent No.3. So far as respondent No.4 is concerned, no one appears. However, as the presence of respondent No.4 is not required for disposing of the present application, the application is taken up for final hearing.
3. As per the averments made in the application, the petitioner being part of the society is permitted to be joined as party respondent No.5 in the main petition being Special Civil Application No. 7443 of 2011 as prayed in the application. However, it is made clear that the allegations made in the present application, especially in paragraphs 3, 4 & 5 are totally unwarranted for the purpose of disposing of the present application.
4. With this observation, the application stands allowed. Registry is directed to carry out the amendment forthwith in the main petition by arraying the applicant as respondent No.5 in the main petition.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top