1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO.1440 OF 2009 IN SECOND APPEAL NO.1013 OF 2002. Raghunath Ramchandra Akolkar, since deceased through legal heirs. ..Applicants. vs. Shamrao Balkrishna Akolkar. ..Respondent. .... Mr. Umesh R. Mankapure, for Appellant. .... CORAM : S.J.KATHAWALLA, J. DATE : 6TH NOVEMBER 2009. P.C. This civil application is taken out by the applicant for condonation of delay in taking out the present civil application and for restoration of the second appeal in its original position. 2. On 4 th April 2006, the then Advocate for the appellants had informed this Court [Coram :A.S. Oka, J.] that he has been orally informed by the learned Advocate for the respondent that the sole respondent has expired. In view thereof, time was granted to the appellants to take steps for bringing on record the legal 2 representatives of the sole respondent. It was further ordered that if the said steps are not taken within the stipulated period, the appeal shall stand dismissed without further reference to Court. 3. It is submitted by the learned Advocate for appellants that the information given by the learned Advocate for the respondent about the demise of his client was incorrect and the sole respondent survives till date. The appellants were under the impression that since the sole respondent is surviving and the earlier information was incorrect, no further orders will be required from the Court. However, they later realised that the said appeals have stood dismissed on 4th/5 th May 2006. None appears for the respondent though served. 4. In view thereof, civil application is allowed in terms of prayer clause (b). The civil application is accordingly disposed of. [ S.J.KATHAWALLA, J. ]