1. Civil Application No.5814 of 2012 has been preferred by the applicant herein - original appellant permitting him to delete name of respondent No.1 - Manubhai Ranchodji Desai.
Civil Application No.4443 of 2012 has been preferred by applicants herein - heirs and legal representatives of deceased Manubhai Desai for vacating interim relief granted by this Court in Civil Application No.1872 of 2012 in Second Appeal No.215 of 2011 and also for recalling the order of admission of the main second appeal.
2. Mr.Deep D. Vyas, learned advocate appearing on behalf of the applicants herein has stated at the bar that the applicants are conscious about the consequences of deleting respondent No.1 herein and is also conscious that judgement and decree passed by both the Courts below would be confirmed qua respondent No.1 herein and that ad-interim relief granted in Civil Application No.1872 of 2012 in Second Appeal No.215 of 2011 would not bind the heirs and legal representatives of respondent No.1- applicants of Civil Application No.4443 of 2012.
3. In view of the above and considering the request made by Mr.Deep D.Vyas, learned advocate appearing on behalf of the applicants herein, Civil Application No.5814/2012 is hereby allowed and name of respondent No.1- Manubhai Ranchodji Desai (now deceased) stands deleted so far as Civil Application No.1872 of 2012 and Second Appeal No.215 of 2011 are concerned. Rule is made absolute to the aforesaid extent.
4. In view of the fact that name of respondent No.1 - Manubhai Desai (now deceased) is deleted from Civil Application No.1872 of 2012 and Second Appeal No.215 of 2011, ad-interim relief granted earlier in Civil Application No.1872 of 2012 and even admission of Second Appeal No.215 of 2011 shall not bind the heirs and legal representatives respondent No.1 - Manubhai Desai i.e. applicants of Civil Application No.4443 of 2012, no further order is required to be passed in Civil Application No.4443 of 2012. Hence, Civil Application No.4443 of 2012 in Second Appeal No.215 of 2011 is accordingly disposed of with above observations.
[M.R.SHAH,J] *dipti Top