1. Heard learned advocate for the applicant and learned AGP for the respondent. Having regard to the facts and circumstances of the case, Rule. Mr. H.K. Patel, learned AGP waives service of notice of Rule on behalf of respondent. With the consent of the learned advocate appearing for contesting parties the application is taken up for hearing and decision today.
2. In view of the fact that the other heirs (i.e. 1/2 and 1/3 as per the cause list of present civil application) of deceased Mr. B.L. Thakor are already impleaded as party to the proceeding and since then legal representative whose name is mentioned at serial No.1/1 has also expired, learned advocate for the applicant has prayed for below mentioned relief/s:-
"9(A) Your Lordships be pleased to permit the applicants to delete the name of Urmilaben Badaji Thakore, applicant No.1/1 from the array of parties in the cause title of Special Civil Application No.9375 of 2003.
(B)......
(C)....."
3. In view of the submissions made by learned advocate for the applicant and considering the fact that the respondents have no objection, the application is allowed in terms of paragraph No.9(A). Rule is made absolute to the aforesaid extent. The application stands disposed of accordingly.
(K.M.THAKER,J.) Suresh* Top