1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F.NO.2936, 1523, 1522 & 2937 OF 2011 IN C.A.NO.2467/2006 IN F.A.ST.No.4127/2006. The State of Maharashtra and another -VERSUS- Namdeo Rupla Rathod _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. DATED : DECEMBER 08, 2011. Heard Shri M.K. Pathan, learned A.G.P. for applicants/State and Shri A.B. Mirza, learned Counsel for legal heirs of deceased respondent. The applicants/State Government has filed these applications for permission to bring legal representative of deceased respondent on record; for condonation of delay of 2069 days therein; for setting aside abatement and for condonation of delay in filing application for setting aside abatement. Learned 2 A.G.P. states that the fact of death came to knowledge belatedly and hence, applications could not be moved within time. Shri Mirza, learned Counsel appearing for legal heirs of deceased respondent is strongly opposing the prayers. He has filed reply pointing out that the fact of death was within the knowledge of appellants. After hearing the respective counsel, we find that Pursis under Order 22 Rule 10-A of Code of Civil Procedure was filed by the learned Counsel for deceased respondent on 25.06.2011. The death of original respondent – Namdeo had taken place on 13.11.2005. In this situation, we do not see any malafides on the part of the applicants/appellants, hence all applications are granted. In the result, abatement is set aside; legal heirs mentioned in paragraph no.2 of Civil Application (F) No. 2937/2011 are permitted to be brought on record. Necessary amendment be carried out within a period of one week. Shri Mirza, learned Counsel waives notice for added respondents. According to Shri Mirza, correct name of 3 husband of legal heirs of Sou. Meerabai is not “Shivdas” but it is “Shivdutt”. Learned A.G.P. is seeking time to verify the position. He states that if that is found to be the correct statement, leave to correct name of husband should be given. Accordingly we permit the State Government to correct name of husband of Sou. Meerabai, if they so desire within further period of one week. List the matter for further consideration after 23.12.2011. JUDGE JUDGE Rgd