1. It is reported that respondent No.3 has expired. Though sufficient opportunities have been given to the learned advocate appearing on behalf of the applicants, no steps are taken to bring the heirs of respondent No.3 on record. On last occasion also, time was granted to learned advocate appearing on behalf of the applicants to take steps to bring the heirs of respondent No.3 on record. However, no steps are taken to bring the heirs of respondent No.3 on record.
2. Today when the present Civil Revision Application is taken up for final hearing, Mr.Y.M.Thakkar, learned advocate appearing on behalf of the applicants has again sought time to bring the heirs of respondent No.3 on record. Sufficient opportunities have been given to the learned advocate appearing on behalf of the applicants to take steps to bring the heirs of respondent No.3 on record.
It is required to be noted that even earlier also, learned advocate appearing on behalf of the applicants made a statement in the year 2008 that respondent No.3 being a defendant also would have nothing to say for resisting this Civil Revision Application. It is required to be noted that so far as respondent No.3 is concerned, he has not preferred any appeal against the judgement and decree passed by the learned Trial Court and it is the applicants, who have preferred the appeal against the judgement and decree passed by the learned Trial Court.
3. In the aforesaid facts and circumstances of the case, request made by learned advocate appearing on behalf of the applicants to adjourn the matter is rejected as no steps are taken to bring the heirs of respondent No.3 on record. Hence, the present Civil Revision Application is dismissed as having been abated so far as respondent No.3 is concerned.
Registry is directed to notify the present Civil Revision Application for final hearing on 18/04/2012.
[M.R.SHAH,J] *dipti