1. The present application has been preferred by the applicants herein - heirs and legal representatives of respondent No.1 of Regular Civil Appeal No.114 of 2005 (before learned Appellate Court) permitting them to bring the heirs and legal representatives of the original appellant Nos.1 and 3 i.e. Shantilal Bijalbhai Vasava and Somabhai Bijalbhai Vasava as well as heirs and legal representatives of respondent Nos.2 & 3 i.e. Chhaganbhai Bijalbhai Vasava and Bhurabhai Bijalbhai Vasava in the aforesaid Civil Application.
2. Having heard Mr.Ankit Shah, learned advocate appearing on behalf of the applicants and Mr.Jigar Rawal, learned advocate appearing on behalf of respondent No.2 and considering the subsequent order passed by learned Appellate Court correcting judgement and decree passed by learned Appellate Court and considering the fact that earlier heirs and legal representative of original appellant Nos.1 and 3 were already brought on record before this Court in First Appeal No.1589 of 1981, the present application is partly allowed by permitting the applicants to join heirs and legal representatives of original appellant Nos.1 and 3 i.e. Shantilal Bijalbhai Vasava and Somabhai Bijalbhai Vasava as respondent Nos.1/1 to 1/4, 1/4/1 to 1/4/6 and respondent Nos.3/1 to 3/6 in Second Appeal (Stamp) No.191 of 2011.
3. So far as prayer of the applicants to permit them to bring the heirs and legal representatives of original respondent Nos.2 & 3 - Chhaganbhai Vasava and Bhurabhai Vasava of Regular Civil Appeal No.114 of 2005 are concerned, as those two respondents have died during the pendency of the appeal before learned Appellate Court and their heirs were not brought on record in appeal, no relief can be granted to the applicants permitting them to join their heirs. In view of the above, the present application is partly allowed to the aforesaid extent. Rule is made absolute accordingly.
Registry is directed to amend the cause title of the Second Appeal (stamp) No.191 of 2011 accordingly.
[M.R.SHAH,J] *dipti Top