22cas1505-08.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1505 OF 2008 IN SECOND APPEAL (ST.) NO. 15977 OF 2008 Shankar Bala & Govind Sakharkar & Ors. ....Applicants. Vs. Anant Shantaram Kambli ....Respondent. --- Mr. Balasaheb Deshmukh for the Applicants. Mr. S.M.Railkar for Respondent. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1 This Civil Application prays for following substantive reliefs : (a) Be pleased to condone the delay in bringing the legal heirs of the deceased Applicant No.2 on record the above referred matter on the reasons mentioned hereinabove. (b) Be pleased to set aside the abatement in bringing the legal heirs on deceased Applicant No.2 on the reasons mentioned hereinabove; (c) Be pleased to allow the present Applicants to amend the cause title as per the Schedule given hereinbelow 22cas1505-08.sxw 2 2 On 15th September, 2011 the following order was passed : “1 Heard Mr. Deshmukh, Advocate for Applicants and Mr.Railkar, Advocate for Respondent. Mr. Deshmukh invited my attention to the averments in paragraph-3 which indicate that Sahadeo Bala @ Givind Sakharkar, who was Appellant No. 2 in Civil Appeal No. 111 of 2004 died on 3.12.2006, an Application for bringing his heirs on record is made and allowed but the amendment remained to be carried out. With a view to enable him to produce certified copy of such Application and Order passed thereon, stand over after 2 weeks. 3 Accordingly, Mr. Deshmukh has produced certified copies of Application Exh. 25 and Affidavit in support filed in the District Court in Civil Appeal No. 111/2004 on 27.2.2007. The original Appellant No.2 in the said Appeal Sahadeo Bala @ Govind had died on 13.12.2006 and within 90 days, Application Exh. 25 was filed on 27.2.2007. Consequently, only the ministerial act of allowing that Application and formally showing the heirs as Appellant No.2 in that Appeal remained to be done. For this mistake of the learned Judge of the District Court, the Applicants cannot be made to suffer. In my opinion, therefore, there is no delay. There is no abatement and all that is required is permitting the Appellants to amend the cause title of the Second Appeal as per the cause title of this Civil Application. 22cas1505-08.sxw 3 4 Accordingly, the Civil Application is allowed in terms of prayer clause (c), namely, heirs of Appellant No.2 are allowed to be shown in the title as heirs of deceased Appellant No.2 as if they were already on record in the District Court. Order accordingly. 5 Office to number the Second Appeal and list it for admission after one week. Amendment to be carried out on or before 14.10.2011. [G. S. GODBOLE, J.]