1. Civil Application No. 4482/2011 has been preferred by the applicant to condone the delay in preferring the application to bring the heirs of original respondent no. 1 on record.
2. Civil Application No. 5382/2011 has been preferred by the applicant for setting aside abatement of Civil Revision Application No. 295/2005 so far as respondent no. 1 is concerned.
3. Civil Application No. 13219/2011 in Civil Revision Application No. 295/2005 has been preferred by the applicant to bring the heirs and legal representatives of original respondent no. 1 on record.
4. Considering the fact that the death certificate of original respondent no. 1 is not on record of Civil Application No. 13219/2011 and Civil Application No. 5382/2011, Shri Joshi, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present applications with a liberty to file fresh applications for the same cause of action after getting the death certificate of respondent no. 1 on record. Permission is accordingly granted. All the applications are dismissed as withdrawn with the above liberty and as and when fresh applications are filed for the same subject matter alongwith necessary documents, such as death certificate of original respondent no. 1, the same shall be considered in accordance with law and on its own merits. Rule is discharged so far as Civil Application No. 4482/201 is concerned.
(M.R.
SHAH, J.) siji Top