RULE.
Mr.Jignesh H. Kapadia, learned advocate appears and waives service of rule on behalf of the opponents. With consent of the learned counsel appearing for the respective parties and considering the issue involved in the matter, the application is taken up for final disposal forthwith.
By way of the present application, the applicants have prayed for the following reliefs:
"(A) The Hon'ble Court be pleased to condone the delay of 916 days in preferring the present application for bringing legal heirs of deceased Abhesinh Kesarisinh Chavda.
(B) The Hon'ble Court be pleased to quash and set the abatement qua the deceased petitioner No.1/2 of the petition and the legal heirs may be permitted to be broung on record.
(C) The Hon'ble Court be pleased to grant the present application for bringing legal heirs of deceased Abhesinh Kesarisinh Chavda shown in para-2 of the petition.
(D) The Hon'ble Court may be pleased to pass such other order or orders as may be deemed just and proper in the circumstances of the case."
Mr.Rana, learned advocate for the applicants, relying upon the averments made in Paragraph Nos.1, 2, 3 and 4 of the application, has submitted that during pendency of the main petition, petitioner, Shri Abhesinh Kesarisinh Chavda, was expired on 27.05.2009. However, the legal heirs of the said deceased were not aware about pendency of the present litigation and, therefore, they cannot approach for filing an application for being joined them as parties. It was further submitted that because of want of knowledge such application could not be preferred within time, which has caused delay of 916 days in preferring the present application.
Mr.Kapadia, learned advocate for the opponents, has in fact taken a pragmatic view and he has no objection for abatement qua the deceased petitioner is quashed and the application is allowed for bringing the legal heirs mentioned in Paragraph No.2 of the application.
In view of the above the application deserves to be allowed. Accordingly, the applicant is allowed. Rule is made absolute to the aforesaid extent. Registry is directed to amend the cause title accordingly. There shall be no order as to costs. Main matter to be listed on 03.08.2012.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top