VALMIKI J. MEHTA, J :

C.M. No.45105/2017 (under Order XXII Rule 3 CPC filed by the appellant)

1. By this application, the appellant informs that appellant has expired and it is prayed that the legal heirs of the appellant be brought on record. Accordingly, the legal heirs of the appellant are brought on record for the purpose of this appeal as also the suit inasmuch as in a suit such as the present, and as detailed hereinafter, right to sue will survive on the death of the appellant. Of course, these observations are made without prejudice to any right of the respondents/defendants who oppose the suit on any legal or factual issue in case the respondents/defendants are entitled to urge that in law the present appellants being the legal heirs of the original deceased appellant/plaintiff had no right to continue with the subject suit with respect to the relief of pre-emption.

2. Application is accordingly allowed and disposed of. Appellant/plaintiff will file the amended memo of parties before the trial court.

RFA No.716/2017 and C.M. No.28716/2017 (stay)

3. This Regular F