1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.665 OF 2008 IN SECOND APPEAL NO. 25 OF 1998 Kasturchand Zumbarlal Marwadi (Through his power of Attorney holder) Anandkumar Kastruchand Marwadi .. Applicant V/s. Sou.Dagadabai Phulchand Lunkad (Through her power of Attorney holder) Uttamchand Nemchand Gadiya & Anr. ..Respondents Mr.Nilesh Bhatekar i/b.Mr. Uday Warunjikar for the Appellant/Applicant. Mr.Sachin U.Dhakephalkar with Mr.Dinesh Bhosale for the Respondent CORAM : R.M.SAVANT, J. DATED : 11TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for bringing on record the heirs of Respondent NO.2. The Applicant also prays for 2 condonation of delay in filing the application. 2. Shri S.U.Dhaklephalkar, the learned counsel appearing for Respondent NO.1/original Plaintiff opposes the application and submits that there is an inordinate delay. 3. The reasons for the delay are mentioned in the Civil Application. Considering the fact that the above Appeal was pending hearing and final disposal and also considering the fact that the Appellant is an aged person who became aware of the death of the Respondent No.2 only after the matter was listed for hearing. In my view, the interest of justice would served if the Civil Application is allowed in terms of prayer clauses 'a' and 'b'. 3. The Applicant to carry out the amendment in the cause title of the Appeal within two weeks from date and furnish the amended cause title to 3 the Respondent. 4. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.]