1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1367 OF 2010 IN SECOND APPEAL NO.492 OF 2002 WITH CIVIL APPLICATION NO.1365 OF 2010 IN SECOND APPEAL NO.492 OF 2002 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Ashish J Dubey i/b Mr.J.P.Dubey for applicant.. Mr.Swapnil Walve i/b Mr.Sandesh Deshpande for respondent. CORAM : K.K.TATED,J. DATE : 10/02/2011. PC: CIVIL APPLICATION NO.1367 OF 2010 1 Heard learned counsel for applicant and learned counsel for respondents. 2 This civil application is preferred by legal heirs of original appellant Laltaprasad Devnarayan Singh for joining as appellant in second appeal no.492 of 2002 as legal heirs of deceased appellant. 2 3 The learned counsel appearing on behalf of applicant submits that for want of knowledge, the applicant could not able to prefer the present civil application immediately on the death of original appellant Laltaprasad Devnarayan Singh. 4 Considering the submissions made by the learned counsel appearing on behalf of applicant and the averments made in civil application, civil application is allowed in terms of prayer clauses (a) and (b) which reads as under: “a) The name of the Appellant be allowed to be deleted and the name of the Applicants be brought on record as the Applicant No.1(a) to (1f); b) Delay in making this application be condoned;” 5 Civil application is disposed of accordingly. CIVIL APPLICATION NO.1365 OF 2010 1 Heard learned counsel for parties. 3 2 This civil application is for recalling the order dated 2nd May, 2009 passed by this court (Coram: R.Y.Ganoo,J.). By an order dated 2nd May, 2009 this court passed conditional order directing the applicant to remove office objections on or before 17th June, 2009. The learned counsel appearing on behalf of applicants submits that the original appellant expired on 22nd January, 2005 who used to look after the present application in High Court. For want of knowledge of the legal heirs of the deceased appellant, it remain on their part to remove office objections on or before 17th June, 2009. 3 Considering the submissions made by the learned counsel appearing on behalf of the applicant and the averments made in civil application, second appeal restored to file by recalling the order dated 2nd May, 2009. 4 Applicants to remove office objection if any, within two weeks from today. If office objection is not removed 4 within two weeks from today, civil application to stand dismissed without referring back to the court. 5 Civil application is allowed as above. (K.K.TATED,J.)