IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4255 OF 2004 [FOR BRINGING LRS OF RESP NO.1(A) ON RECORD] IN FIRST APPEAL NO. 856 OF 1984 The State of Maharastra .......Applicant V/S. Shankar Balaji Walvekar (thru. His legal heirs) and Ors. ........Respondents Mrs. G.P. Mulekar, AGP for the applicant-State. Mr. R.S. Datar, adv.for respondents no.1F and 1G. CORAM :- A.P. DESHPANDE, & SMT. R.P. SONDURBALDOTA, JJ. DATED :- 23rd APRIL, 2010. P.C. :- 1. By this application, the applicant-State of Maharashtra is seeking three fold reliefs : (i) for condonation of delay. (ii) for setting aside abatement. (iii) for bringing legal representatives of respondent no.1(A) on record. 2. The learned AGP submits that respondent no.1(A) expired on 13th December, 2002 and the present application has been filed sometime in December, 2004, It is stated that the applicant was not aware about the death of respondent no.1(A). Despite service, none appears for the proposed legal representatives of respondent no.1(A). The learned AGP has submitted that these appeals involve a sum of about Rs.100 crores. 3. Having regard to the totality of the facts and circumstances and for the reasons stated in the application, the same is allowed. The delay is condoned. Abatement of the appeal against respondent no.1(A) is set aside. The legal representatives of respondent no.1(A) are permitted to be brought on record. 4. Amendments to be carried out within a period of 2 weeks from today. Civil Application stands disposed off accordingly. [SMT. R.P. SONDURBALDOTA, J] [A.P. DESHPANDE, J]