Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 2246 of 2008 IN WRIT PETITION NO. 3699 of 1999 Sureshchandra Daulal Soni & ors. ...Applicants V/s. Jaykumar Kanikchand Kothari (deceased) by LRs Kesharbai KOthari & ors. ...Respondents Mr. Sanjay Gawade for the applicants. Mr. H.M.Inamdar i/b. S.M.Oak for respondents 2, 1a,1d & 1e. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 05, 2009 : MARCH 05, 2009 : MARCH 05, 2009 P.C. . Inspite of service, no reply has been filed to counter the assertions made in this application. It is stated that intimation about death of concerned Respondent was given only on 8th September, 2008. Soon thereafter the present application has been filed on 11th September, 2008. 2. Indeed, taking into account the date on which the concerned Respondent died, there is delay of seven years and 68 days, however, for the aforesaid reason, the Application is allowed in terms of prayer clauses (a) & (b). 3. Amendment be carried out within two weeks from 2 today failing which Writ Petition to stand dismissed for non-prosecution without further reference to the Court. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]