1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 6 OF 2009 IN CIVIL APPLICATION NO. 834 OF 2009 IN FIRST APPEAL NO. 1577 OF 2003 M/s.Heera Construction Company ... Petitioner v/s Devendrakumar Neelakant ... Respondent Mr.M.S.Lagu for the petitioner. Mr.R.D.Suryavanshi for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 17TH SEPTEMBER, 2009 P.C.: 1. The review petition has been filed for recalling the order dated 11.2.2009 by which the abatement of the first appeal has been set aside and the civil application has been allowed for bringing the legal heirs of deceased Devendra Kumar on record subject to payment of costs of Rs.25,000/-. The review has been filed contending that the costs of Rs. 25,000/- are not commensurate with the default committed 2 by the appellant in filing the civil application for bringing on record the legal heirs of the aforesaid person. 2. Heard advocates. 3. Mr.Suryavanshi opposes the application by contending that the appellant is a builder who had been informed of the death of respondent No.1 soon after he passed away. No steps had been taken by the appellant to bring on record his legal heirs and, therefore, according to Mr.Suryavanshi, the amount of Rs.25,000/- was the proper amount. 4. Having considered the submissions of the learned advocates, in my view, the costs of Rs.25,000/- must be reviewed as the amount is not commensurate with the default committed by the appellant. However, there has been a delay on the part of the appellant to bring on record the legal heirs of the respondent No.1. Therefore, Clause (iii) of the operative part of the order dated 11.2.2009 is modified to the extent that the costs quantified at Rs.5000/- shall be paid to the respondent No.1A within two weeks from today. 5. Review petition disposed of accordingly. ..... 3 4