1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1255 OF 2008 IN SECOND APPEAL NO.688 OF 2001 Shivaji Shankar Yadav (Since deceased through his LR's) Arun Shivaji Yadav & Ors. .. Appellants V/s. Anna Narayan Munwar (Since deceased by his LR's) Bapu Anna Munwar & Ors. ..Respondents Mr.Amit Borkar for the Appellants/Applicants. Mr.G.H.Keluskar for Respondent Nos.1A to 1C. CORAM : R.M.SAVANT, J. DATED : AUGUST 6TH, 2008. P.C. By the above Civil Application, the applicant prays for condonation of delay in filing 2 the Application, for setting aside abatement and for bringing the legal heirs of the original Appellant on record. The delay is of six years. The learned counsel appearing for the Respondent Nos. 1A to 1C opposes the above Civil Application. 2. The above Second Appeal was filed by the son of the Appellant as a Power of Attorney of the Appellant. Therefore, in my view, the delay caused is merely technical as the son was prosecuting the said Appeal through a Power of Attorney of the father. It is further significant to note that there was an ad-interim order operating in the above Appeal since the year 2002 till this Court passed an order in the year 2007 recording that the Appeal has abated. It appears that the above application was moved by the Applicants/Applicants as the decree was sought to be executed by the Respondent Nos.1A to 1C. 3 3. In my view, the interest of justice requires that in the fact and circumstances of the present case, the delay though of six years isrequired to be condoned and the abatement is required to be set aside and resultantly the heirs of the Appellants/Applicants are required to be brought on record. 4. The Civil Application, is accordingly, disposed of. 5. The Applicant to pay costs of Rs.1,000/- to the Respondent Nos. 1a to 1 c. 6. The said costs to be paid within four weeks from date. The learned counsel for the Appellants/Applicants to carryout the amendment in the cause title of the Appeal within four weeks. 7. The Second Appeal to be listed for 4 admission on 15th September, 2008. [R.M.SAVANT, J.]