N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 679 OF 2009 IN SECOND APPEAL NO. 114 OF 1997 1. Shri. Usman Gani Rahimullah & Ors. ....Applicants. V/s. Rabia Ali Ahmed Munshi & ors. .....Respondents. ====== Mr.Jaydeep S. Deo, adv.for applicants. Mr.A.Y. Sakhare, Senior Counsel i/by. YKS Legal, adv. for respondents no.1, 3, 4, 5, 6B to 6F. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 11TH JUNE, 2009. P.C. :- 1. This application is taken out for bringing the heirs of deceased appellant no.1 on record. There is delay of three years, eight months in filing the appeal. The application is opposed by the respondent. 2. Mr.Deo, learned counsel for the appellant states that there are in all forty appellants. Therefore there was confusion in the minds of the appellants as regards filing of an application for bringing the legal heirs on record. Appellant no.5 had died in the year 2002 and the application then pending was for bringing the legal heirs of appellant no.5 on record. According to him, the appellants carried an impression that the application which is still pending relates to appellant no.1. Considering the facts and circumstances of the case and the fact that the appeal has been admitted and pending since the year 1997, I am inclined to allow the application on condition that the appellants pay costs quantified at Rs.3,000/- in one set to the respondents. Amendments to be carried out on/or before 15th June, 2009. Amended copy to be served on/or before 15th June, 2009. . Stand over to 15th June, 2009. Civil Application No.680 of 2009 to appear on that day. [JUDGE]