CAW.668-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 668 OF 2010 IN WRIT PETITION No. 7171 OF 2002 Mr. Kalyankumar Raghoba Koli & Anr. ...Applicants Vs. Mr. Ganu Appa Koli & Ors. ...Respondents *** Mr. A. M. Savagave i/b S. S. Patwardhan, for the Applicants. Mr. P. R. Arjunwadkar, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : JANUARY 5, 2011 P.C. 1. Heard the learned counsel for the applicants and the learned counsel appearing on behalf of the respondent No.2. This is an application for bringing the legal heirs of respondent Nos. 1 and 2 on record. There is a delay of 3 years in filing this application. The learned counsel for the respondent submits that only one application has been filed for bringing the legal heirs of respondent Nos. 1 and 2 on record. According to him, second application has not been filed on behalf of the respondent who has expired, as per the Appellate Side Rules. CAW.668-10 - 2 - 2. In my view there is no bar in filing one application for bringing legal heirs of respondent No. 1 & 2 on record. At the highest, the applicant can be directed to pay the Court-Fees of the additional civil application, which ought to have been filed for bringing the heirs of respondent No.2 on record. 3. For the reasons stated in the application, the delay caused in filing this application is condoned. The application is therefore, allowed in terms of prayer clause (a) and (b). The applicant shall pay additional Court-Fee in respect of filing second application for bringing the legal heirs of respondent No.2 on record, within 4 week from today. The necessary amendment be carried out within 4 weeks thereafter. [ V. M. KANADE J.]