1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4775 OF 2008 IN FIRST APPEAL (st.)NO.46822 OF 2002 The State of Maharashtra .... Applicant Vs. Anjirabai Tanaji Ayare (deceased) .... Respondents (through LRs.) Mr. S.V. More, Advocate for Applicant. None for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 5th December, 2008 P.C. 1. This Civil Application is taken out for setting aside the abatement of the appeal against the respondent by condoning the delay and for bringing the heirs of respondent on record. Though the heirs have been served with the Civil Application, they are not present before the Court. 2. The respondent died on 22nd July,2003. The applicant – State contends that it learnt about the death only on 5th August,2008 when the appeal came up for hearing before the Registrar (Judicial). Thereafter the applicant obtained particulars of the heirs of respondent and filed the instant application on 15th September,2008. Since the applicant has taken out the 2 Civil Application immediately after learning about the death of the respondent, the Civil Application is allowed. The delay in taking out the Civil Application is condoned. The abatement of the appeal is set aside. The applicants to carry out the amendments within a period of two weeks from today. (SMT. R.P. SONDURBALDOTA,J)