(1.) ADMIT. Mr. A. B. Munshi, learned advocate waives the service of notice of admission on behalf of the respondent No. 1, who is the main contesting party. Though served nobody appears on behalf of the respondent Nos. 3 and 4. The respondent Nos. 2 and 5 have refused to accept the notice. However, the main contesting party is respondent No. 1 herein - original plaintiff.
(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties, present Appeal From Order is taken up for final hearing today.
(3.) HEARD Mr. Dhaval Vyas, learned advocate appearing on behalf of the appellant -original defendant No. 5 and Mr. P. C. Kavina, learned Senior Advocate with Mr. A. B. Munshi, learned advocate appearing on behalf of the respondent No. 1 herein - original plaintiff at length and perused the impugned order as well as Paper-Book supplied by the learned advocates.