spb/- 1 ca1065-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1065 OF 2011 IN SECOND APPEAL NO. 235 OF 1995 1. Shri Dagadu Sakharam Wage (Died) through his Lrs: 1A. Shri Bhirubai Dagadu Wage & Ors. ... Applicants. V/s. Shri Keru Nana Wage & Ors. ... Respondent/ Opponents. --- Ms. Pratibha Shelake h/f. Mr.Thorat for the Applicants. Mr.Sankar Marathe h/f. Mr. M.S.Karnik for the Respondent. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 The applicant had filed civil application no. 1289 of 2007 for bringing heirs of original applicant nos. 1B(e) on record which was allowed by order passed on 25.10.2007 but amendment was not carried out within four weeks as a result of which this court passed order dated 18th February, 2008, dismissing the second appeal. Mr. Marathe, Advocate for the respondent opposes the civil application by contending that the explanation given is neither adequate nor proper. It is alternatively submitted that if the application is allowed costs should be imposed. spb/- 2 ca1065-11.sxw 2 The application for bringing heirs on record was already allowed and Rule was made returnable after two weeks. However, carrying out amendment in the title of Memo of Appeal was remained to be done. For such minor lapse, a litigant cannot be made to suffer. The explanation offered in paragraph 6 of the civil application is a possible explanation which deserves to be accepted. Prejudice if any caused to the respondents will be compensated by awarding costs. 3 Hence, the civil application is allowed in terms of prayer clauses (a),(b) and (c) subject to the condition that amendment in the cause title of the second appeal is carried out forthwith in the court and the applicants to pay costs of Rs. 750 to the respondents. [G.S. GODBOLE,J] .....