1 19 cas 1245.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1245 OF 2010 IN SECOND APPEAL NO.318 OF 2005 Suresh Parakshchand Mehta & Anr. ..Applicants. Vs. Smt.Shafiya Begum Mohammedso Momin deceased, L.Rs. Mohammedsaheb & Ors. ..Respondents. Mr.Dhrupad Patil i/b Mr.Jai V. Kanode for applicants. Mr.N.V.Bandiwadekar for respondents. CORAM : K.K.TATED, J. DATED : 10/01/2011. PC: 1 Heard learned counsel for parties. 2 The present civil application is for bringing legal heirs on record of deceased respondent no.1 Smt. Shafiya Begum Mohammedso Momin. 3 The learned counsel appearing on behalf of applicants states that respondent no.1 expired on 15th November, 2009. The learned counsel appearing on behalf of respondents informed them by letter dated 2nd February, 2010. For want of knowledge the applicants could not take immediate steps to file appropriate application for bringing legal heirs on record of deceased respondent no.1. 2 19 cas 1245.10.doc 3 Considering the submissions made by the learned counsel appearing on behalf of the applicant and averments made in civil application, civil application is allowed in terms of prayer clauses (a), (b) and (c) which reads as under: “(a) delay in filing of Civil Application be condoned; (b) abatement of Second Appeal No.318 of 2005 as against respondent no.1 be set aside; ( c ) the Applicants may be permitted to bring the heirs and legal representatives of deceased Respondent No.1 on record in Second Appeal No.318 of 2005;” 4 Civil application is disposed of accordingly. (K.K.Tated, J.)