FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1056 OF 2009 IN SECOND APPEAL NO.61 OF 2006 [Abdul Hamid Hasanmiya Gantare (since decd) thru.heirs & Ors. V/s.Husainmiya Umar Dhansay (since decd) thru.heirs. & Ors.] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.A.N.Mulla, adv.for applicants. Respondents and advocate absent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 19TH NOVEMBER 2009. PC :- 1. The present civil Application is taken out for bringing the heirs of the applicant on record. Copy of the Civil Application is served upon the respondents. None is present despite service. 2. Heard learned counsel for the applicants. 3. There is a delay of 161 days in filing the appeal. The applicants claim that immediately after the death of the original appellant, they had intimated their then advocate Mr.S.H.Solkar. However, as he had stopped practising, he returned the brief to the applicants. Thereafter, the present advocate was engaged and the application filed. 4. Perused the application. In my opinion, the reasons explaining the delay are sufficient. Hence, the application is allowed in terms of prayer clauses (a) and (b). Amendments to be carried out within a period of 1 week from today. Amended copies to be served upon the respondents within a period of 1 week thereafter. Stand over by 2 weeks. (JUDGE)