*1* 36.cas.1302.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1302 OF 2010 IN SECOND APPEAL NO. 312 OF 2007 Vastupal Gangaram Shah since deceased through his L.Rs. 1a) Smt.Leelavati Vastupal Shah & Ors. ..Applicants -Versus- Sou.Malan Gangadhar Bukate & Ors. ..Respondents .......... Mr.S.S.Patwardhan for the Applicants. Mr.R.A.Shelke i/by S.G.Deshmukh for Respondent No.1. Mr.R.S.Patil for Respondent Nos. 2 to 4, 5A to 5D. .......... CORAM : K.K. TATED, J. DATE : 7TH FEBRUARY 2011. P.C. 1 Heard learned counsel for parties. 2 This civil application is preferred by the legal heirs of the original defendant no.1 for bringing legal heirs on record of the deceased sole appellant –Vastupal Gangaram Shah, who died on 21st December 2003. The learned counsel appearing on behalf of the applicants submits that for want of knowledge of the pendency of the present second appeal it remain *2* 36.cas.1302.10 on their part to file application within time. He submits that the respondents in their second appeal no.318 of 1993 preferred civil application no.700/2009 and civil application no.701 of 2006 for bringing legal heirs on record of the deceased sole appellant and at that time, they learnt about the pendency of the present second appeal. Thereafter, for contacting their advocate and preferring the present civil application, there is, therefore, delay in preferring the present civil application. 3 The learned counsel appearing on behalf of the respondents vehemently opposed the civil application on the ground that the applicants failed to disclose sufficient cause for condonation of delay. 4 Considering the submissions made by the learned counsel appearing on behalf of the applicants and the averments made in the civil application, the civil application is allowed in terms of prayer clauses (a), (b) and (c), which reads as under : “(a) The delay in filing the application be kindly condoned; (b) The applicants be allow to amend the cause title of the present Second Appeal No.312 of 1993 by showing the names of the persons mentioned in para 3 of this civil application as heirs and legal representatives of the deceased appellant no.1; *3* 36.cas.1302.10 (c) That the abatement of the present Second Appeal No.312 of 1993 be set aside.” 5 The civil application disposed off accordingly. ( K.K. TATED, J.)