1.0. Shri Shalin Thakore, learned advocate for the applicant seeks permission to delete the prayer in terms of para 6(a) in view of the earlier order passed by this Court dated 7.12.2011 passed in Civil Application No.5038 of 2011. Permission accordingly granted. Prayer in terms of para 6(a) stands deleted. Under the circumstances, present application is required to be considered qua relief in terms of para 6(b).
2.0. Present application has been preferred by the applicant-heir and legal representative of the original appellant permitting him to be brought on record as legal heir of original appellant of Jairambhai Ramabhai Rabari in Second Appeal No.92 of 1998.
3.0. Having heard Shri Thakore, learned advocate for the applicant and Shri Arvind Barot, learned advocate for the respondent no.1 in main Second Appeal as well as in present application and considering the earlier order passed by this Court dated 7.12.2011 passed in Civil Application No.5038 of 2011, by which the learned Single Judge passed an order to set aside the abatement of Second Appeal No.92 of 1998, present application is allowed and prayed in terms of para 6(b) is hereby granted. Rule is made absolute to the aforesaid extent. No costs. Registry is directed to amend the cause title of the main Second Appeal accordingly.
( M. R. Shah, J. ) "kaushik"
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