1.0. Present application has been preferred by the applicant herein-original appellant has prayed for following reliefs;
(b).Your Lordships may further be pleased to grant this Civil Application permitting the applicant to join the legal heirs of the concerned opponents as stated herein above and may kindly issue process to the newly added opponents in the facts and circumstances of the case and in the interest of justice;
(c).Your Lordships may further be pleased to permit the applicant to join opponent no.13 and 14. as legal heirs of opponent nos. 1/7 as 1/7/1 and 1/7/2 in the Second Appeal No.173 of 2011 as well as in the Civil Application No.8684 of 2011 in the facts and circumstances of the case and in the interest of justice;
(d).Your Lordships may further be pleased to permit the applicant to amend the cause title of Second Appeal No.173 of 2011 as well as in the Civil Application No.8684 of 2011 by showing opponent no. 1/2 to 1/6 also as legal heirs of opponent no.1/1 as 1/1/1 to 1/5/1 in the facts and circumstances of the case and in the interest of justice;
(e).Your Lordships may further be pleased to permit the applicant to amend the cause title of Second Appeal No.173 of 2011 as well as in the Civil Application No.8684 of 2011 by showing opponent no. 7, 8 and 9 also in the capacity as legal heirs of opponent no.6 as opponent no.6/1, 6/2 and 6/3 in the facts and circumstances of the case and in the interest of justice.
(f).Your Lordships may further be pleased to permit the applicant to delete the opponent no.10 from the Second Appeal No.173 of 2011 as well as in the Civil Application No.8684 of 2011 in the facts and circumstances of the case and in the interest of justice;
2.0. Shri Vimal Patel, learned advocate has stated at the bar that he has instruction to appear on behalf of the proposed heirs and he has also no objection if the prayers in terms of para 4 (C) to F (F) is granted.
3.0. In view of the above, present application is allowed and prayers in terms of para 4 (C), 4(D), 4 (E) and 4(F) are hereby granted. Rule is made absolute to the aforesaid extent. Registry is directed to amend the cause tile of main Second Appeal No.173 of 2011 as well as Civil Application No.8684 of 2011 in Second Appeal No.173 of 2011 accordingly.
sd/-
( M. R. Shah, J. ) "kaushik"
Top