1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2400 OF 2009 IN FIRST APPEAL NO. 494 OF 1997 Ramakant Suka Bombale S/D-Through his L.Rs. Jijabai Ramakant @ Ramesh Bombale & Ors. ..Applicants/ Appellants V/s. Mohamadsaheb Badesaheb Khatib S/D-through his L.Rs. Rahatubbi Ahmedsaheb Khatib ...Respondents .... Mr.Kishor Patil i/by P.N.Joshi,for the applicant/appellant. .... CORAM : J.H.BHATIA,J. DATE : 8th September, 2009. P.C. 1 This application is for bringing legal heirs of deceased appellant no.1 on record. It appears that the appeal was admitted without notice to the respondents and notice to the respondents are yet to be served. The appeal is pending for last 12 years. During the pendency of the appeal, appellant no.1 expired. 2 In view of these circumstances, in my considered 2 opinion, it would not be necessary to serve the respondents before the legal heirs of the appellant no.1 are brought on record. 3 Therefore, for the reasons given in the application, the delay is condoned. The legal heirs of appellant no.1 are allowed to be brought on record. Amendment be effected within two weeks. 4 The Civil Application stands disposed of. (J.H.BHATIA,J.)