1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.957 OF 2009 IN SECOND APPEAL NO.437 OF 2001 Shri Narayan Budhaji Shelke Through his legal heirs (1) Dr.Rohidas Narayan Shelke & ors. : Applicants. Versus Shri Khelya Ragho Ghase : Respondent. Ms. Neelam Nikale h/f Mr. Vijay Gharat for the Applicants. None for the Respondent. CORAM : C.L.PANGARKAR, J. DATE : 8th JANUARY 2010 P.C. 1. Heard the learned counsel for the Applicants. This Application has been filed by the Applicants for bringing them on record as legal heirs of deceased Appellant Narayan Budhaji Shelke and for setting aside abatement of the Second Appeal. The Original Appellant is said to have died on 08/02/2004. It is stated in this Application that the Applicants were not aware of the said proceedings and therefore they could not apply for substituting them as legal heirs. They came to know of the same only when the execution proceedings were taken out by the Respondent. 2 2. Notice of this Application was issued to the Respondent. The Respondent has chosen not to appear and to file reply to this Application. In view what is stated in this Application, the same is allowed. Abatement stands set aside. The Applicants are allowed to bring them on record as legal heirs of deceased Appellant Narayan Budhaji Shelke. Amendment to be carried out accordingly. The Civil Application is disposed of. [C.L.PANGARKAR, J]