1 k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1121 OF 2010 IN FIRST APPEAL NO. 12 OF 2002 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mrs. S.V. Sonawane, AGP for the Applicant/State. CORAM : K.K.TATED,J. DATE : 20/12/2011. PC: Heard learned AGP for the applicant. None for the respondents. This application is preferred by the State of Maharashtra at the instant of Special Land Acquisition Officer No.6, Pune, for bringing legal heirs on record of respondent no.3 Mahadeo Vithoba Gilbile and for setting aside the abatement. The learned AGP for the applicants have filed affidavit of service which is on record. 2 The learned counsel appearing on behalf of applicants states that there is delay in preferring civil application for bringing legal heirs on record of deceased respondent no.3, for want of knowledge. She submits that they learnt about the death of respondent no.3 at the time of effecting service. Therefore, concerned officer took some time to find out the correct names and addresses of legal heirs of deceased respondent no.3. She further submits that the applicants have good chance of success in the present appeal. Considering the submissions made by the learned AGP for the applicants and the averments made in civil application, civil application is allowed in terms of prayer clause (b), (c) and (d) which read as under: (b) that this Hon’ble Court be pleased to set aside the abatement of the above mentioned matter; 3 (c) that this Hon’ble Court be pleased to condone the delay in preferring above mentioned Civil Application for bringing legal heirs on record of deceased Respondent no.3. (d) that this Hon’ble Court be pleased to allow the Applicants to bring legal heirs on record of deceased Respondent No.3 as stated herein above.” Civil Application is disposed of accordingly. (K.K.TATED, J.)