Respondent No.10 - Kankuben died, pending the suit before this application was preferred. By preferring further affidavit petitioner urges that despite due diligence, heirs of Kankuben could not be traced. However, as and when if any such information in respect of her heirs is obtained, necessary action will be taken at an appropriate time.
For present for want of presence of heirs, petition is as not being proceeded with, request is made to delete her name as party-respondent.
It can be noticed that Kankuben has been impleaded as one of the co-owners as dispute before the original suit pertains to joint property. However, in wake of this affidavit, petitioners since declared at this stage of there being no clue of any of the heirs respondent No.10 despite best of the endeavours, subject to the right of the parties concerned as permitted under the statute. Permission is granted to delete Kankuben (respondent No.10 ) .Amendment to be carried out within one week from this order.
Issue notices to the other unserved respondents returnable on 9th April, 2012.
(Ms.Sonia Gokani,J) bina