SAVITABEN Vs. JASHIBEN

JUDGEMENT

(1.) Rule. Mr.Tatvam Patel, learned Advocate for Ms.Trusha Patel, learned Advocate waives service of rule on behalf of the respondent nos.1 to 3. With the consent of the learned Advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.

(2.) Present Application has been preferred by the applicants being heirs and legal representatives original appellant no.1 - Shambhuji Manaji Thakore to condone delay of 10 days in preferring application for bringing heirs on record as well as to set aside abatement, if any, and permitting applicants to be joined as appellant nos.1/1 to 1/5 as heir and legal representative of deceased original appellant no.1 - Shambhuji Manaji Thakore in aforesaid Second Appeal No.146 of 2005.

(3.) Having heard learned Advocates appearing for the respective parties and as application is not opposed by Mr.Tatvam Patel, learned Advocate appearing for the respondents, present application is allowed. Delay caused in preferring application for bringing heirs of original appellant no.1 on record is hereby condoned. Consequently abatement, if any, is quashed and set aside and applicants are permitted to be joined as appellant no.1/1 to 1/5 in Second Appeal No.146 of 2005 as heirs and legal representative of deceased - original appellant no.1 - Shambhuji Manaji Thakore. Rule is made absolute to the aforesaid extent. Registry is directed to amend cause title of Second Appeal accordingly. Registry is also directed to place Second Appeal No.146 of 2005 on 31st March, 2010 without fail in First Board as learned Advocate appearing for the appellants seeks permission to withdraw Second Appeal.