1 cas443-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.443 OF 2009 IN SECOND APPEAL NO.137 OF 2008 Vishnu Keshav Powar s/d by heirs Kerabai Vishnu Powar and Ors. .. Applicants Vs. Sadashiv Maruti Power Decd through his L.R.s Kanchan Sadashiv Powar and Ors. .. Respondents Mr.P.D.Dalvi for the applicants Mr.A.M. Savagane i/b Mr.S.S.Patwardhan for respondent no.2A to 2D CORAM: K.K. TATED, J. DATE 7TH JANUARY, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the applicants. 2. The present Civil Application is for bring the legal heirs on record of deceased respondent no.1, Sadashiv M. Powar. Though respondent no.1(a) to 1(d) are duly served, no one appeared on behalf of them when the matter was called out. 2 cas443-09 3. The learned counsel appearing on behalf of the applicants submits that original respondent no.1 expired on 16.09.08. For want of knowledge, it remained on their part to take out application immediately. 4. Considering the submissions made by learned counsel appearing on behalf of the applicant and the averments made in Civil Application, Civil Application is allowed in terms of prayer clause (a) and (b), which reads as under: (a) The delay of 60 days in filing the present application may kindly be condoned and order of abatement, if any, may be set aside; (b) Respondent Nos.1(a) to 1(d) be brought on record as heirs of deceased respondent no.1. 5. Civil Application disposed of accordingly. (K.K. TATED, J.)