spb/- 1 ca3156-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 3156 OF 2010 IN WRIT PETITION NO. 135 OF 2001 Mukund Gopal Mhetras, since deceased through his LRs : 1A. Mr. Vinod Mukund Mhetras & Ors. ... Applicants. V/s. 1 Municipal Council Education Department & Ors. ... Respondents. --- Mr. T.D. Deshmukh for the Applicants. Mr. Nitin Jamdar for the Respondent No.5. ----- CORAM : D. G. KARNIK, J. DATE : 17th FEBRUARY, 2011. P.C. 1 This is an application for bringing heirs of deceased applicant on record by condoning the delay. The original applicant no.1 died 28.01.2009 and application for bringing his heirs, the applicant nos. 1A to 1D on record after condonation of the delay was made on 20th September, 2010 i.e. after lapse of 20 months. In paragraph 5 of the application it is stated “It was only in the month of September, 2010, when the lawyer informed the legal representatives about the status of present Writ Petitioner by letter, the legal representatives of the deceased Petitioner got to know about the details of lawyer representing the deceased petitioner.”. This statement is incorrect and in the subsequent affidavit dated 17th February, 2011 filed in this court by Shrirang Mukund Mhetras, the applicant no. 1B, has admitted it to be incorrect. The spb/- 2 ca3156-10.sxw application is liable to be dismissed on this ground alone i.e. on the ground that the incorrect statements are made on an affidavit. 2 That apart no ground has been made for condonation of delay. The present applicants were well aware about the death of original applicant, who was their father. They did not make any application for bringing themselves on record and have pleaded that they were ignorant as to who was the lawyer representing them. The ground mentioned that as they were ignorant about the name of the lawyer they could not apply for bringing heirs on the record is incorrect, as per his own admission made by the applicant no.1B in his supplementary affidavit. 3 In the circumstances, the civil application is dismissed. [D.G. KARNIK, J.] .....