1.0. Rule.
Shri A.R. Majmudar, learned advocate waives service of notice of Rule on behalf of proposed heirs and legal representatives of original respondent no.1 i.e. respondent nos. 1.1 to 1.5. and Shri Pradip Patel, learned advocate waives service of notice of Rule on behalf of proposed heirs and legal representatives of original respondent no.2 i.e. 2.1 to 2.4. In the facts and circumstance of the case and with the consent of the learned advocates for the respective parties, the application is taken up for final hearing.
2.0. Present application has been preferred by the applicants herein original appellants permitting them to bring the heirs and legal representatives of original appellant no.1 late Shri Jenabhai Somabhai Chavda on record of main Second Appeal as well as permitting them to bring the heirs and legal representatives of original respondent nos. 1 and 2 on record of main Second Appeal and consequently to quash and set aside the abatement of the main Second Appeal if any.
3.0.
Having heard Shri Songara, learned advocate for the applicants and Shri Patel, learned advocate for heirs and legal representatives of original respondent no.2 and Shri A.R. Majmudar, learned advocate for heirs and legal representatives of original respondent no.1 and as the application is not seriously opposed by learned advocates for the respective parties, present application is allowed and applicants are permitted to bring the heirs and legal representatives of appellant no.1 as appellants no.1.1 to 1.5 in the main Second Appeal No. 5 of 1998 and to bring the heirs and legal representatives of original respondent nos. 1 and 2 as mentioned in the cause title. Rule is made absolute to the aforesaid extent. Registry is directed to amend the cause title of main Second Appeal accordingly.
( M. R. Shah, J. ) "kaushik"
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