1. RULE.
Learned advocate Mr. Amit Joshi for learned advocate for Mr. B.S. Patel waives service of Rule on behalf of the respondents.
2. Considering the issue involved in the present application and with consent of learned counsel appearing for the parties, this application is taken up for final disposal forthwith.
3. By way of this application, the applicants herein have prayed for the following reliefs:-
"A) Your Lordship may kindly be pleased to admit and allow the present application.
B) Your Lordship may kindly be pleased to grant leave to join the present applicants herein as Heirs and Legal representatives of the deceased sole petitioner shri Chhitabhai Jesangbhai Parmar on the record of Special Civil Application No. 7086 of 1994 as petitioners and further be pleased to amend the cause title of Spl.C.A. No.7086 of 1994 accordingly in the interest of justice.
C) Your Lordship may kindly be pleased to Condone the Delay of 56 days occurred in filing the present civil application.
D) to grant any other and/or further relief/s that this Hon'ble Court may deem fit looking to the facts and circumstances of the case may kindly be awarded."
4. It transpires from the record that the present applicants are legal heirs of the deceased sole petitioner Shri Chhitabhai Jesangbhai Parmar who has expired on 3.9.2011.
5. Considering the averments made in the application, the delay of 56 days in filing the present application is also condoned. The application stands allowed. The applicants are permitted to be added as legal heirs and representatives of the deceased sole petitioner Shri Chhitabhai Jesangbhai Parmar.
6. Rule is made absolute in the aforesaid terms with no order as to costs.
[R.M.CHHAYA, J.] mrpandya Top