1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1405 OF 2008 IN SECOND APPEAL NO.177 OF 2003 Raosaheb Gulabrao Shitole (Since deceased through his LR's) Vishwanath Raosaheb Shitole & Ors. .. Applicants V/s. Smt.Gangubai Raosaheb Shireke (Since deceased through her LR's) Raosaheb Gulabrao Shitole & Ors. ..Respondents Ms.Sonali Humane for the Appellants/Applicants. Mr.Sachin Kadam i/b.Mr.S.A.Sawant for Respondent Nos.4a,4b,5a to 5d and 6a. CORAM : R.M.SAVANT, J. DATED : 12TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicants pray for bringing the heirs of 2 Respondent Nos. 7 and 8 on record. In so far as the Respondent No.7 is concerned, he has expired on 11th February, 2006 and so far as the Respondent No.8 is concerned, he has expired on 18th June, 2004. Therefore in so far as the Respondent NO.7 is concerned, there is a delay of one year and 72 days whereas in respect of Respondent No.8, the delay is of near about four years. The Applicant also prays for condonation of delay in filing the Application as it is stated in the application that the said Respondents died at their native places and only after making enquiry about them, that they became aware of the death of the Respondents. Hence, for the reasons stated in the Civil Application, the same is allowed in terms of prayer clauses 'a' and 'b'. 2. The Civil Application is, accordingly, disposed of. 3 3. The Applicant to pay costs of Rs.500/- to the Respondents represented by Shri S.A.Sawant. [R.M.SAVANT, J.]