IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 2080 OF 2004 CIVIL APPLICATION NO. 2080 OF 2004 CIVIL APPLICATION NO. 2080 OF 2004 IN IN IN WRIT PETITION NO. 3435 OF 1992 WRIT PETITION NO. 3435 OF 1992 WRIT PETITION NO. 3435 OF 1992 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- Mr. Sandeep Waghmare i/by V.Z. Kankaria for the applicants. Mr. Rupes Bobde for the respondents. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 20TH JANUARY, 2006 DATED: 20TH JANUARY, 2006 DATED: 20TH JANUARY, 2006 P.C.: P.C.: P.C.: 1. Heard learned counsel for both parties. 2. This is an application to take legal heirs of deceased respondent No.1 on record. The application is delayed by a period of four years. The record shows that the petition was admitted in the year 1992 and was displayed for final hearing in the year 2004 by which time the party was informed accordingly. According to the petitioners, the respondents are permanent residence of Village Chandori, Tal. Niphad and immediately thereafter through her son, the petitioners obtained certificate of death and they found that Kailash had died on 19.10.1999 at Nasik. The death certificate also shows his permanent address at Chandori. It was submitted that the advocate for the respondent also did not inform the petitioners or their advocate about the death of Kailash and under the circumstances the delay occurred. I do not see any reason why the explanation should not be accepted as sufficient ground for condoning the delay. In view of the facts and circumstances, the application is made absolute in terms of prayer clauses (a) & (b) and stands disposed of. The amendment to be carried out within two weeks. The application stands disposed of with no order as to costs. .....