1 cas1155.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1155 OF 2011 IN SECOND APPEAL NO. 729 OF 2008 Shri Aba Babaji Lokhande D/h. Sou. Bayakka Laxman Patole & ors. ...Applicants. Vs. Mahadev Dhondiba Valekar & ors. ....Respondents Mr. N.J. Patil, Advocate for Applicants. Mr. Gautam Kamble h/f. Mr. G.T. Kanchanpurkar, Advocate for Respondents. CORAM:- GIRISH GODBOLE, J DATED:- AUGUST 23, 2011 P.C. 1. This Civil Application is for the following reliefs : (b) that the delay caused in filing this civil application may kindly be condoned ; (c) that this Honourable Court be pleased to allow this Civil Application and accordingly direct the office to amend the cause title of the Second Appeal and the names of the above said heirs be treated as the heirs of deceased respondent no. 3-(2) Yammunabai. 2. Perusal of the death certificate shows that Yamunabai had died on 2 cas1155.11 14/5/2008 when the R. C. Appeal No. 280/02 was pending in the District Court at Sangli, which was decided on 19/7/2008. Apparently, the heirs of Yamunabai who was Respondent No.1 in the said R.C. Appeal No. 280/02 were already on record. Hence, this Civil Application will have to be considered only as an application for substitution and there is no question of delay. The Application is therefore partly allowed and disposed off by permitting the Applicants to show the names of the heirs of the deceased Yamunabai in the title of the Second Appeal. Amendment to be carried out within 4 weeks from today. (GIRISH GODBOLE, J)