spb/ 1 24cas1013-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 1013 OF 2011 IN S.A. NO. 54 OF 2008 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Vivek Hore h/for Mr.S.J. Ghogre for the Applicant. ­­­ CORAM : G.S. GODBOLE, J. DATE : 04TH OCTOBER, 2011 P.C.:­ This is an Application which seeks condonation of delay of 2 years and 346 days in filing C.A. for bringing heirs of deceased Respondent No.12 on record and also prays for bringing Respondent Nos. 12a and 12c on record. The Application proceeds on a factually incorrect assumption that the said Respondent had died during pendency of the Appeal in the District Court. The Appeal in the District Court was decided on 9.10.2007. Banabai Jadhav has died on 23.12.2007; whereas this Second Appeal is filed on 14.01.2008 and is admitted on 21.1.2008. Consequently, there is no question of delay and spb/ 2 24cas1013-11 abatement and all that is required is to add heirs of Respondent No.12 as party Respondents in the Second Appeal. In view of this, without issuing notice to any of the Respondents, the C.A. is partly allowed in terms of prayer clause (a) and Respondent Nos. 12a to 12c be shown as heirs of Respondent No.12 in the title of the Second Appeal. Amendment to be carried out forthwith in the Court. Issue notice to the newly added Respondents, returnable in due course. (G.S.GODBOLE, J.)