1. Leave to amend in Civil Application No. 489/2012.
2. RULE in Miscellaneous Civil Application No. 728/2011 as well as Civil Application No. 489/2012.
3. Miscellaneous Civil Application No. 728/2011 has been preferred by the applicants-original appellants to restore Civil Application No. 10720/2010 in so far as the same was dismissed as having been abated qua respondents nos. 1, 4, 5 and 6.
4. Civil Application No. 489/2012 in Civil Application No. 10720/2010 has been preferred by the very applicants for an appropriate order permitting the applicants to bring the heirs and legal representatives of original respondents nos. 1, 4, 5 and 6 on record of Civil Application Application No. 10720/2010 in First Appeal No. 643/2011 as well as First Appeal No. 643/2011 and to set aside the abatement, if any, of Civil Application No. 10720/2010 as well as First Appeal No. 643/2011 so far as respondents nos. 1, 4, 5 and 6.
5. Hence, there is no opposition to the present applications. Under the circumstances, Miscellaneous Civil Application No. 728/2011 in Civil Application No. 10720/2010 is hereby allowed and the same is ordered to be restored to file so far as respondents nos. 1, 4, 5 and 6 are concerned. Similarly, Civil Application No. 489/2012 is also allowed and the applicants are permitted to bring the heirs of original respondent nos. 1, 4, 5 and 6, as mentioned in the cause title, in Civil Application No. 10720/2010 as well as First Appeal (Stamp) No. 233/2010, which is subsequently numbered as First Appeal No. 643/2011. Rule is made absolute to the aforesaid extent in Miscellaneous Civil Application No. 728/2011 as well as Civil Application No. 489/2012.
6. Registry is directed to amend the cause title of Civil Application No. 10720/2010 as well as First Appeal No. 643/2011 accordingly.
7. Registry is directed to notify Civil Application Nos. 10720/2010 for hearing so far as respondents nos. 1, 4, 5 and 6 are concerned.
(M.R.
SHAH, J.) siji Top