1. Leave to amend and permission to substitute Annexure 'A' and Annexure 'B' of the petition is granted. Amendment to be carried out forthwith.
2. Rule.
Heard learned Counsels appearing for the respective parties. Mr. P.S.Chaudhary for Mr. A.Y. Kogje, learned Advocate tenders True Copy of the Death Certificate of original respondent No.5 - Kanbi Karshanbhai Rajabhai, who has expired on 24.4.2011 as per True Copy of the Certificate dated 5.11.2011. Mr. Ronak Raval, learned Assistant Government Pleader waives notice of Rule for opponents Nos. 1 to 3. Mr. Tushar Chaudhary waives notice of Rule for opponents Nos. 4.1 to 4.3 and Mr. M.H.Rathod, learned Counsel waives notice of Rule for opponents Nos. 6 to 9 and Mr. N.P. Chaudhary waives notice of Rule for opponent Nos. 10 & 11.
3. By way of this application, the applicants (original petitioners) have prayed for the following reliefs :
"7(A) This Hon'ble Court may be pleased to permit the applicants to bring the legal heirs of the respondent No.5 as proposed in para 4 of this application as the respondent no: 5.1 to 5.3 on record of Special Civil application No: 14325/2011 as the heirs/legal representatives of the deceased respondent no :5."
4. Considering the averments made in the application and considering the fact that learned Counsels appearing for the respective parties have no objection if the applicants are permitted to bring the legal heirs of Respondent No.5. Hence, the Civil Application deserves to be allowed and it is hereby allowed as prayed in paragraph No. (7)(A) of the application.
5. Rule made absolute with no order as to costs.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top