1. Rule.
Mr.Harshadray Dave, learned advocate waives service of notice of Rule on behalf of the respondent.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present civil application is taken up for final hearing today.
3. The present application has been preferred by the applicants herein permitting the applicant Nos.1/1 to 1/6 to be brought on record as heirs and legal representatives of appellant No.1 in Second Appeal No.79 of 2011 and to condone the delay as well as for setting aside abatement, if any.
4. Having heard Mr.Jayraj Chauhan, learned advocate appearing on behalf of the applicants and Mr.Dave, learned advocate appearing on behalf of the respondent herein and as the application is not seriously opposed by Mr.Dave, learned advocate appearing on behalf of the respondent, delay caused in preferring the application for bringing the heirs and legal representatives of original appellant No.1 is hereby condoned and the present application is allowed by permitting the applicant Nos.1/1 to 1/6 herein to be brought on record as appellant Nos.1/1 to 1/6 in Second Appeal No.79 of 2011 as legal heirs and representatives of original appellant No.1 and consequently set aside the abatement, if any, is hereby quashed and set aside. Rule is made absolute accordingly. No costs.
Registry is directed to amend the cause title of the main second appeal accordingly.
[M.R.SHAH,J] *dipti Top