FARAD CONTINUATION SHEET NO. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO.2849 OF 2008 IN F.A.NO.792/1994 The State of Maharashtra Vs. Rama Bandu Patil and ors. ---------------------------------------------------------------------- Office notes, office Memoranda Court’s or Judge’s orders. of Coram, appearance, Court’s orders or directions and Registrar’s orders. ---------------------------------------------------------------------- None present. CORAM: R.S. MOHITE, J. DATE : 06th June, 2008 P.C. P.C. P.C. 1. Both the advocates are absent. Perused the application. The application is for bringing legal heirs of respondent No.11 on record. 2. The application mentions that the impugned judgment and award was passed on 23.3.1993.Thereafter first appeal was filed in time and was admitted by the Division Bench of this court on 7.9.1994. The matter was placed before the Additional Registrar for removal of office objections on 18.3.2008. Office of the Govt. Pleader learnt that the notice issued to respondent No.11 returned unserved with bailiff’s report "dead". Thereafter, Collector Thane :2: was called upon to furnish the names of the legal heirs. This was done by the Collector’s office and at that time it was learnt that the respondent No.11 was expired on 14.9.1991. In the aforesaid circumstances, in the interest of justice and for the reasons which are mentioned in the application, which are uncontroverted, application is allowed after condoning delay of 16 years and 139 days.Amendment to be carried out within a period of four weeks from today. This application is allowed without prejudice to any possible contention that award passed in reference is a nullity against the heirs of respondent No.11. (R.S.MOHITE, J.)