1. Mr.R.C.Jani, learned advocate appearing on behalf of the applicant - appellant - original plaintiff seeks permission to delete respondent No.1 as respondent No.2, who is son of respondent No.1 is already on record. Permission is accordingly granted. Name of respondent No.1 stands deleted.
Registry is directed to amend the cause title of the Misc.Civil Application accordingly.
2. The present Misc.Civil Application has been preferred by the applicant herein - original appellant - original plaintiff to restore Civil Application No.1795 of 2011 and First Appeal No.1195 of 1988.
3. Heard Mr.R.C.Jani, learned advocate appearing on behalf of the applicant and it is reported that Mr.A.J.Patel, learned advocate appearing on behalf of the opponents herein - original defendants has no objection if the present application is allowed.
4. Under the circumstances, the present application is allowed and Civil Application No.1795 of 2011 and First Appeal No.1195 of 1988 are hereby ordered to be restored to file at the stage where it was dismissed for non-prosecution. Rule is made absolute accordingly. No costs.
[M.R.SHAH,J] *dipti Top