1. The present Civil Application has been preferred by the applicants-original respondents nos. 3, 29, 30 and 37 of Second Appeal No. 62/2003 for the following reliefs;
A. to delete the applicant no. 1, Sidi Mohammad Zahir Khan as party appellant to the captioned Second Appeal No. 62 of 2003 and to declare that the Second Appeal qua him has abated;
B. to delete the respondents nos. 4, 11, 12, 14, 16, 17, 18, 20, 21, 22, 23, 24 and 31A as party respondents to the captioned Second Appeal No. 62 of 2003;
C.
to grant such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case;
2. Shri Kapadia, learned advocate appearing on behalf of the applicants does not press the present application qua the relief in terms of paragraph 7(B).
3. Under the circumstances, the present application is dismissed as not pressed qua the prayer in terms of paragraph 7(B) is concerned. So far as the prayer in terms of paragraph 7(A) is concerned, considering the fact that original appellant no. 1, Sidi Mohammad Zahir Khan has expired on 02/09/2007 and despite the same heirs of appellant no. 1 are not brought on record, Second Appeal No. 62/2003 is dismissed as having been abated so far as original appellant no. 1 is concerned. The present application is allowed to the aforesaid extent.
(M.R.
SHAH, J.) siji Top