1 18.cas909.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATON NO. 909 OF 2011 IN SECOND APPEAL NO. 536 OF 1994 Sitabai Ramchandra Bane since deceased by her legal representatives & heirs & ors. ....Applicants. Vs. Smt. Anandibai Bhiva Bane since deceased byher legal representatives & ors. ....Respondents Mr. A.J. Joshi, Advocate for Applicants. Mr. Vijay Gharat, Advocate for Respondent No. 3. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 7, 2011 P.C. 1. Heard Mr. Joshi, Advocate for Applicants. By separate Order passed today, Civil Application No. 539 of 2011 has been allowed. Perused this Civil Application which prays for the following reliefs : “(a) that delay to apply for setting aside abatement be condoned. (b) abatement of appeal so far as deceased Respondent No. 3 is concerned be set aside. (c) applicants be allowed to bring legal representatives and heirs of deceased Respondent No. 3 on record and as stated title and carry 2 18.cas909.11 out necessary amendment.” 2 Copy of the Civil Application is served on the Advocate for the Respondent No.2. Accepting the averments in paragraph-1, the Application is required to be allowed in terms of prayer clause (c). As the heirs were already on record, there is no question of abatement and delay and hence prayer clauses (a) and (b) are redundant. It would be open to the Respondent No. 2 to file Application indicating that there are other heirs of Respondent No. 3 who are not represented and if such Application is filed, the same will be considered on its own merits. Amendment to be carried out forthwith. (GIRISH GODBOLE, J)