It is an admitted position that so far as applicants who are heirs of original appellant no.3 are concerned, they are not brought on record in the main Second Appeal as heirs and legal representatives of original appellant no.3. Under the circumstances, unless and until first they are joined as appellant nos.1.1 to 1.4 in main Second Appeal as heirs and legal representatives of original appellant no.3 present application at their instance are not maintainable at this stage. Even otherwise, it is required to be noted that in the present application there is no prayer sought to set aside the abatement qua respondents who have expired and simply applications are made permitting their heirs to be brought on record. Unless and until, there is a prayer to set aside the abatement the heirs cannot be brought on record. Considering the above, Shri H.M. Parikh, learned advocate for Shri R.C. Jani, learned advocate for the applicants seeks permission to withdraw the present application with a liberty to file fresh application with appropriate prayers to set aside the abatement and with appropriate pleadings and after they are permitted to be joined as appellant nos. 1.1 to 1.4 in the main Second Appeal as heirs and legal representatives of original appellant no.3. Permission is accordingly granted. Application is dismissed as withdrawn with above liberty. As and when such an application is made, the same shall be considered in accordance with law and on merits.
( M. R. Shah, J. ) kaushik Top