1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.7 OF 2009 IN WRIT PETITION NO.5846 OF 2001 Mr.Munnar Lutavan Yadav. ..Applicant. V/s. Mr.Ashok D. Dalvi(deceased) through legal heirs & representative 1A. Megha Ashok Dalvi & Anr. ..Respondents. Mr.P.S.Dani for applicant. Mr.Ajay Rai for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 21, 2009. DATE : JANUARY 21, 2009. DATE : JANUARY 21, 2009. P.C. : P.C. : P.C. : 1. Although this application is opposed by the Respondents, as there is delay of over one year and 70 days, in my opinion, in the interest of justice, application deserves to be allowed. 2. I find substance in the argument of the Counsel for the Petitioner that intimation regarding death was not given as is required under Order 22 Rule 10 by the Respondent and his counsel. Even if there is delay in filing the present application, the same therefore deserves to be condoned. Ordered accordingly. 2 3. Amendment be carried out within two weeks from today. Mr.Ajay Rai waives notice for the newly added respondent in the Writ Petition. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)