1 41.caw1698.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1698 OF 2011 IN WRIT PETITION NO. 6585 OF 2009 Vasantlal Shantilal Dedhia. ....Applicant. Vs. Dalsingar Damodarsingh Thakur & ors. ....Respondents Mr. R.R. Tiwari, Advocate for Applicant. Mr. Makarand Bakdre, Advocate h/f Mr. Atul Damle, Advocate for Respondent No. 1. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 12, 2011 P.C. 1. Heard Mr. Tiwari, Advocate for the Applicant and Mr. Bakdre for Respondent Nos. 1(a) to 1(c) who are heirs of deceased Respondent No.1. The Application is filed within 4 months. Applying the ratio of Puran Singh v/s. State of Punjab (1996) 2 SCC 205 there will be no abatement. Defendant No.3/Respondent No. 3 was joined in the Suit since he was in possession but averment in paragraph-4 indicates that he has thereafter handed over possession to Respondent No. 2 and hence the Petitioner 2 41.caw1698.11 desires to delete the Respondent No.3. As stated above, there is no question of condonation of delay. Civil Application is allowed in terms of prayer clause (a). Amendment to be carried out within 2 weeks. (GIRISH GODBOLE, J)