spb/ 1 17cas1817-10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 1817 OF 2010 IN SECOND APPEAL NO. 716 OF 2006 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Manisha Patil i/by Mr. Nandu Pawar for the Applicants. --- CORAM : G.S. GODBOLE, J. DATE : 04TH OCTOBER, 2011 P.C.:- 1 Learned Advocate for the Applicants has filed a purshis which states that Respondent No.1 is dead and his heir is already on record as Respondent No. 4. Respondent No.5 is also dead and his heirs are already on record as Respondent Nos.6,7 and 8. Said statement is accepted. It is, therefore, not necessary to bring on record or to file formal Application for heirs of Respondent Nos. 1 and 5 on record. However, it would be open to the other Respondents to show that apart from the aforesaid heirs, the deceased Respondent Nos. 1 and 5 had any other heir or legal representative spb/ 2 17cas1817-10 and if this is so, place such facts on record by filing Affidavit or Application. The legal position arising out of non- impleadment of such heir/s or legal representative/s will be considered at that stage. 2 Accepting the reasons given in paragraphs 12 and 13, the Civil Application is allowed in terms of prayer clauses (a) and (b). 3 Amendment in the title of C.A. No. 1064 of 2006 and Second Appeal No. 716 of 2006 pursuant to this order to be carried out forthwith in the court. (G.S.GODBOLE, J.)