1.00. It is reported respondent Nos.7, 9, 10 and 13 have expired and said fact was brought to the notice of the plaintiffs, however, no steps are taken and despite the earlier order passed by this Court, no steps are taken to bring the heirs of the said respondents, on record of the present Civil Application as well as main Second Appeal No.112 of 2002. Under the circumstances, present Civil Application stands dismissed as having been abated so far as respondent Nos.7, 9, 10 and 13 are concerned.
2.00. Now so far as the rest of the respondents are concerned and the prayer of the applicants to bring the heirs of the applicant Nos.1, 8 and 12 is concerned, Mr.Pathan, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application with a liberty to file fresh separate applications qua heirs of the original applicant / appellant Nos.1, 8 and 12, for condonation of delay caused in preferring heirs of the deceased respondent Nos.1, 8 and 12, for setting abatement and for bringing the heirs of the respondent Nos.1, 8 and 12.
3.00. Permission is accordingly granted. As and when such applications are filed, the same be considered in accordance with law and on merits. Present application is accordingly dismissed with above liberty. Rule is discharged.
[M.R.
SHAH, J.] rafik Top