1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1532 OF 2011 IN FIRST APPEAL NO. 3210 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Sandeep R. Waghmare for the Applicants. CORAM : K.K.TATED,J. DATE : 16/12/2011. PC: Heard the learned counsel for the applicants. None for the respondents. This application is preferred by the original appellants for bringing legal heirs on record of deceased respondent no.15 Shri Gotiram Laxman Motkari. The learned counsel appearing on behalf of applicants states that they learnt about the death of respondent no.15 from the Bailiff's report in First Appeal. As soon as they learned about the death of 2 respondent no.15, they tried to find out names and addresses of legal heirs of deceased. In finding out those information delay occurred in preferring the present application. Though the respondents are duly served, no one appear on behalf of them when the matter called out for hearing. Considering the submissions made by the learned counsel appearing on behalf of the applicants and averments made in the civil application, civil application is allowed in terms of prayer clause (a) and (b) which read as under: (a) The delay of 5 years and 8 days in bringing the legal heirs of Respondent no.15 on record be condoned. (b) The abatement be set aside and the application to bring the Legal Heirs of deceased Respondent no.15 on record and in place and instead of Respondent no.15, may kindly be allowed.” Civil Application is disposed of accordingly. (K.K.TATED, J.)