1 cao-329.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.329 OF 2011 IN CIVIL APPLICATION NO.428 OF 2011 IN CIVIL REVISION APPLICATION NO.14172 OF 2011 IN FIRST APPEAL NO.31785 OF 2003 IN L.A.R. NO.168 OF 1994 The State of Maharashtra : Applicant. Versus Smt.Vimalabai Raghunath Kashikar and ors. : Respondents. Mr. H J Dedhia AGP for the Applicant. Mr. P N Joshi for the Respondent Nos.1 to 7, 12, 13B, 15 to 22 and 23. CORAM : R M SAVANT, J. DATE : 22nd December 2011 P.C. 1 By the above Civil Application, the Applicant seeks setting aside the abatement, condonation of delay in bringing the heirs of Respondent No.8 on record and to bring the heirs of Respondent No.8 on record, whose names are mentioned in Para 8 of the above Civil Application. 2 It is stated in the above Civil Application that the Applicant became aware of the death of the Respondent No.8 when the notice in the Application for condonation of delay in filing the First Appeal was sought to be served on the Respondent in the said First Appeal in the year 2011. The 2 cao-329.11.sxw Applicant therefore seeks condonation of delay of 4 years and 63 days in filing the above Civil Application. 3 The learned counsel appearing on behalf of the Respondent Nos.1 to 7, 12, 13B, 15 to 22 and 23 Shri Joshi, submits to the orders of the Court. 4 In my view accepting the reasons mentioned in the above Civil Application, the delay in filing the above Application for bringing the heirs of Respondent No.8 on record as well as setting aside the abatement and, for bringing the heirs of Respondent No.8 on record is allowed. The above Civil Application is accordingly disposed of. The Applicant to carry out the amendment in the cause title within a period of two weeks from date. On such amendment being carried, issue notice to the heirs of the Respondent No. 8 in Civil Application No.428 of 2011, returnable after four weeks of the amendment being carried out. In addition to service of notice through Court, the advocate for the Applicant shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery to the heirs of the Respondent No.8 and shall file affidavit of service before the returnable date. 4 The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]