1.0. Rule.
Shri Amar Mithani, learned advocate waives service of notice of Rule on behalf of respondent. With the consent of the learned advocates for the respective parties, the application is taken up for final hearing today.
2.0. Present application has been preferred by the applicant claiming to be the heir and legal representative of original appellant no.1 in the main Second Appeal No.12 of 1987 as heir and legal representative of original appellant.
3.0. Having heard the learned advocates for the respective parties and without entering into the larger question and without expressing anything on merits whether the applicant is succeeding as Khalifa, the present application is allowed and applicant is permitted to be joined as appellant no.1.1 in main Second Appeal No. 12 of 1987 as heir and legal representative of original appellant. Rule is made absolute to the aforesaid extent, No cost. Registry is directed to amend the cause title of main Second Appeal accordingly.
(M.R.SHAH,J.) kaushik Top