1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4818 OF 2009 IN FIRST APPEAL NO.1032 OF 1998 Sou.Saralabai Bhausaheb Patil ..Applicant V/s. Vishwanath Chanbasappa Birajdar ..Respondents (deceased) through Legal Heirs & anr. Mr.Shrishail Sakhare, Advocate, for the applicant Mr.P.R.Arjunwadkar, Advocate, for the respondents CORAM : C. L. PANGARKAR, J. DATE : 22ND JANUARY, 2010 P.C. . Heard the learned counsel for the parties. 2. This application has been filed for setting aside the abatement and for substitution of the legal representatives of respondent No.2 on record, who is said to have died on 30 th November, 2004. It is the contention of the applicant that she was not 2 aware of the death of respondent No.2 and she had no knowledge of taking steps for bringing the legal heirs of respondent No.2 on record and the learned counsel for the applicant did not give her proper instructions as to what should be done in the matter. 3. The learned counsel for the respondents opposed the application. 4. It is the contention of the respondents that the learned counsel for the applicant was very well aware of the fact that respondent No.2 has died and his Legal Heirs were necessary to be brought on record. He obtained an Order from this Court on 13 th March, 2006 to bring the legal heirs of respondent No.2 on record in other appeal. It appears that one has to bear in mind both these Civil Applications show that the applicant had no knowledge about the Order passed on 13 th March, 2006. In view of this it 3 would be appropriate to bring the legal representatives of respondent No.2 on record. In fact that would be the correct position. In view of this, the delay stands condoned. The Order dated 13 th March, 2006 passed in F.A.No.1031 of 1998 stands set aside. Legal representatives of respondent No.2 be brought on record subject to payment of costs of Rs. 2000/- to be paid to Appellate Side Library. 5. The above Civil Application stands disposed of. (C.L.PANGARKAR, J.)