1. Civil Application No. 5570 of 2012 has been preferred by the applicants herein - heirs and legal representatives of the original appellant No.1, to condone the delay caused in preferring application for bringing the heirs of the original appellant No.1 on record.
2. Civil Application No. 5669 of 2012 has been preferred by the aforesaid applicants to condone the delay and setting aside the abatement of Second Appeal No.83 of 2007.
3. Having heard Mr.Avinash Thacker, learned advocate appearing on behalf of the applicants and heirs and legal representatives of the original appellant No.1 - deceased Mulshankar Jivanlal Pathak and Mr.Pranav Dave, learned Assistant Government Pleader appearing on behalf of the State and as the applications are not seriously opposed, both these applications are allowed and the delay caused in preferring the application for bringing the heirs of the original appellant on record is hereby condoned and the applicants are hereby permitted to be brought on record as appellant Nos.1/2 to 1/5 in Second Appeal No. 83 of 2007 as heirs and legal representatives of the original appellant No.1 and consequently, abatement, if any, of main Second Appeal No.83 of 2007 is hereby set aside. Registry is hereby directed to amend the cause title of the main Second Appeal accordingly. Rule is made absolute to the aforesaid extent in both these Civil Applications.
[M.R.
SHAH, J.] rafik Top