1. Leave to amend the cause-title and legal heir of deceased respondent No.4-Shanabhai Manibhai Patel as party respondent No.4/1. Amendment be carried out forthwith.
2. Mr.Mrugen Purohit, learned counsel, on 03.04.2012, made a statement before this Court that he has received instructions to appear on behalf of respondent No.4. Mr.Purohit, learned counsel has tendered copy of the communication addressed to learned counsel Mr.D.K. Puj appearing for the petitioners stating that one Shri Kiritkumar Shanabhai Patel is the only heir of late Shri Shanabhai Manibhai Patel-respondent No.4 herein. Copy of the said communication is taken on record.
3. Mr.D.K.
Puj, learned counsel appearing for the petitioners tenders photocopy of the agreement (Sammati Lekh) between the petitioners and respondent No.4/1 signed by Power-of-Attorney of respondent No.4/1 which is also taken on record.
4. In view of the above, the petition does not survive and the same is disposed of accordingly. notice is discharged.
5. Petitioner No.2-Shankarbhai Poonambhai Parmar is present in the Court as identified by learned counsel Mr.D.K. Puj appearing for the petitioners.
(R.M.CHHAYA, J.) Hitesh Top