Leave to delete respondent No.1 as respondent No.1 has expired.
It is submitted by learned advocate Mr.Sunil Joshi that respondent No.1 is expired and respondent Nos.2 to 8 are the legal heirs of deceased, as stated in the plaint itself.
This application is filed for condoning the delay of 10 days caused in filing the appeal, which is preferred against the order dated 19.09.2011 passed by the Principal Senior Civil Judge, Kalol below Exh.5 in Special Civil Suit No.112 of 2010.
Though served, no reply or affidavit is filed by any of the respondents. However, considering the averments made in the application, more particularly in Paragraph No.2 of the application, the application is allowed. The delay is condoned.
[M.D.SHAH, J.] ..mitesh..
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