IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4253 OF 2004 IN FIRST APPEAL NO. 856 OF 1984 The State of Maharashtra .......Applicant V/S. Shankar Balaji Walvekar (Thru his Legal Heirs) Snehalatabai Shankarrao Walvekar & Ors. ........Respondents Mrs. G.P. Mulekar, AGP for the applicant-State. Mr. R.S. Datar, adv.for respondents no.1F and 1G. CORAM :- A.P. DESHPANDE, & SMT. R.P. SONDURBALDOTA, JJ. DATED :- 23rd APRIL, 2010. P.C. :- 1. By this application, the applicant-State of Maharashtra is seeking three fold reliefs : (i) for condonation of delay. (ii) for setting aside abatement. (iii) for bringing legal representatives of respondent no.1-B on record. 2. The learned AGP submits that respondent no.1-B expired on 12th October, 1985. However, the fact of the death of the respondent was not known to the applicant. It is also pointed out that in cross appeal, being First Appeal No.778 of 1984 the legal representatives of respondent no.1-B are already brought on record in place of respondent no.1-B and hence no prejudice whatsoever will be caused to the legal representatives of respondent no.1-B. It is also stated that the present appeal involves a huge amount of money exceeding Rs.100 crores and as such the Civil Application needs to be allowed. 3. None appears for the legal representatives of respondent no.1-B despite service. 4. Having regard to the totality of the facts and circumstances and for the reasons set out in the application, the same is allowed. The delay is condoned. The abatement of the appeal against respondent no.1-B is set aside. The legal representatives of respondent no.1-B are permitted to be brought on record. 5. Amendments to be carried out within a period of 2 weeks from today. Civil Application stands disposed off accordingly. [SMT. R.P. SONDURBALDOTA, J] [A.P. DESHPANDE, J]