1Ladda caw-st-16623-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION Stamp No. 16623 of 2011 IN WRIT PETITION NO. 3757 OF 2009. ---------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Of Court’s Or Judge’s Orders Coram, appearances,Court’s Orders directions and Registrar’s Orders ---------------------------------------------------------------------------------------------------- Mr R.D.Soni i/by M/s Ram & Co. for the Applicants. Mr R.R.Mishra for the respondent Nos. 1 to 4. Mr S.K.Dubey, for Respondent No.5. Mr S.D. Rayrikar, Assistant Government Pleader for Respondent Nos.6 to 9. CORAM : RANJIT MORE, J. DATED : 3 October, 2011. P.C.: 1. Heard learned counsel for the respective parties. 2. The applicants have taken out this Civil application for bringing legal heirs of deceased petitioner Nos. 6 and 7 on record. The petitioner No.6 expired on 7.6.2005 and petitioner No.7 expired on 9.10.2004. Present Civil Application is filed on 30th April, 2011. Taking these dates into consideration, there appears to have occurred some delay. 3. In para no.2 of the civil application, the applicants have given explanation that through over-sight learned counsel for the applicants in the High Court could not be instructed for bringing heirs of deceased petitioner Nos. 6 2Ladda caw-st-16623-11 and 7 on record. It is also stated that the applicants were not aware about the legal position as to when the legal heirs were to be brought on record. The explanation given by the applicants is not satisfactory, however, the Court is required to take liberal approach. One of the proposed legal heir of deceased petitioner No.6 and legal heir of petitioner No.7 are already on record. In these circumstances, in order to meet the ends of justice, in my opinion, application deserves to be allowed. Hardship caused to the respondents can be compensated by asking the petitioners to make payment of costs to the respondent Nos. 1 to 4. In the facts and circumstances of the case, the civil application is required to be allowed and same is allowed in terms of prayer clause (a) and (b) subject to payment of costs which is quantified at Rs.3,000/- to be paid to the to respondent Nos. 1 to 4 within a period of two weeks from today. Necessary amendment shall be carried out within two weeks from today. Civil Application is disposed of. (RANJIT MORE, J.)