1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2094 OF 2008 IN WRIT PETITION NO.2306 OF 2004 Maryambai Akbar Patel & Ors. ..Applicants. V/s. Sakharam R. Nigade & Ors. ..Respondents. Mr.Dilip Bodake for applicants. Mr.A.B.Dubey i/b. M/s.Bharat Vaishnawa & Co. for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Although this application is opposed by the Respondents on the argument that there is delay of 4 years and 123 days and the explanation offered is not satisfactory. in my opinion, in the interest of justice, this application deserves to be allowed as it is admitted position that the Respondents did not sent intimation about the death of concerned Respondent No.3. In the circumstances, Application is made absolute in terms of prayer clause (a) to (d). Amendment be carried out within two weeks from 2 today, failing which the Writ Petition to stand dismissed for non-prosecution without further reference to the Court. 3. Mr.Dubey waives notice for newly added respondents in Writ Petition no. 2306 of 2004. Accordingly, if Writ Petition is ready in all other respects, the same be proceeded for hearing under appropriate caption as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)