35cas1131-10.sxw 1 spb THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1131 OF 2010 IN S.A.NO. 647 OF 1995 Shri Amarchand Mukunddas Katareia Kiran Rajmal Kataria, since deceased through L.Rs. : 1. Anneta Kiran Katariya & Ors. ... Applicants. V/s. Shriram Sadashiv Dhamankar (Died) Shrikrishna Sadashiv Dhamankar(Died) 1. Krishna Sadashiv Dhamankar & Ors. ... Respondents. --- Ms. Aneeta Kiram Kataria, the Applicant No.1- in- person. Mr. M.M.Shatye for the Respondent Nos. 1 and 2. Ms. V.s.Mhaispurkar, AGP for Respondent No.3. --- CORAM:- G.S. GODBOLE, J. DATED :- 29TH SEPTEMBER, 2011. P.C. : 1 Heard the Applicant No.1-Ms. Anneta K.Kataria, who appears in -person. This Civil Application is for bringing heirs of Respondent Nos. 1 and 2 on record. The heirs are duly served and are appearing through Mr. Sathye. Affidavit-In-Reply has been filed for opposing the Civil Application. Mr. Sathye submits that the delay is of seven years for one Respondent and three years for the other Respondents. It is, however, not disputed that both the Respondents died issue-less and the proposed heirs, being their sisters, are the heirs of the deceased Respondents. There is 35cas1131-10.sxw 2 nothing to indicate that the original Appellant – Amarchand Mukunddas Kataria was aware about the death of the said Respondents and the explanation given by the Applicant that they become aware about the death only on 9th July, 2010 has not been shown to be incorporated. The C.A. is filed immediately on 14th July, 2010. Hence, the Appeal the delay is explained and the explanation deserves to be accepted. 2 Civil Application is accordingly allowed in terms of prayers (a) and (b). The abatement of the Appeal as against Respondent Nos. 1 and 2 is set aside. Amendment in the title of the Second Appeal to be carried out forthwith in the Court. Mr. Sathye waives service on behalf of heirs who are now brought on the record. [G. S. GODBOLE, J.] .....