IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1587 OF 2006 IN SECOND APPEAL NO. 275 OF 1991 Vithal K. Naik though legal heirs Basagonda V. Naik & Ors. ..... ...... ......Applicants. V/s Krishna B. Naik & Ors. ........ ......Respondents. Mr.Deepak Ahuja h/f Mr.V.B.Naik Adv. For the applicants. Mr.A.M.Kulkarni, Adv. For respondents. CORAM: A.P.DESHPANDE, J. 6th JANUARY, 2009. PC: By the present application three fold prayers are made, (i)for condonation of delay in filing the application, (ii)for setting aside the abatement and (iii) for bringing Legal Representatives of deceased appellant No.5 on record. The appeal is of the year 1991. The appellants are prosecuting the appeal with due diligence. However Legal representatives of appellant No.5 remained to be brought on record. For the reasons stated in the application delay is condoned, abatement is set aside and legal representatives of deceased appellant No.5 are permitted to be brought on record. Cause title of the memo of appeal to be amended within a period of one week from today. Application stands disposed of. 06.01.2009.