*1* 29cas1229.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1229 OF 2010 IN SECOND APPEAL NO. 163 OF 2008 Shri Shabbir Mohammadhusen Attar ..Applicant -Versus- Smt.Nilawwa Channappa Halwai & Ors. ..Respondents .......... Mr.Tejpal S. Ingale for the Applicant. Mr.Nilesh Wable i/by Mr.Umesh Mankapure for Respondent Nos.4/3. .......... CORAM : K.K. TATED, J. DATE : 7TH FEBRUARY 2011. P.C. 1 Heard learned counsel appearing for parties. 2 The present civil application is preferred by the original defendant no.13 for bringing the legal heirs on record of the deceased respondent no. 12, who died on 24th July 2005 and for deleting the name of respondent no. 11(3). *2* 29cas1229.10 3 Though the legal heirs of the deceased respondent no.12 duly served, no one appeared on their behalf when the matter is called out. 4 Considering the submissions made by the learned counsel appearing for the applicants and the averments made in the civil application, the civil application is allowed in terms of prayer clause (a) to (d), which reads thus : “(a) The names of Respondent Nos.12(a) to 12(d) be brought on record of this Second Appeal No.163/2008 and the Civil Application filed therein as the legal heirs and representatives of deceased Respondent No.12 and the record and proceeding be permitted to amend accordingly.; (b) The name of Respondent No.11(3) be permitted to be deleted from the title of the abovesaid Second Appeal No.163/2008 and the Civil Application filed therein.; (c) The delay in filing this Civil Application be kindly condoned.; (d) The abatement of this Second Appeal against the deceased Respondent No.12 if any be kindly set aside.” 5 The civil application is disposed of accordingly. ( K.K. TATED, J.)