* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3721 OF 2008 IN FIRST APPEAL NO. 781 OF 1991 ___________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court's orders or Court's or Judge's directions and Registrar's orders orders __________________________________________________________________ Ms.Preeti Shah i/by.M/s. Mulla and Mulla & CBC adv.for appellants. None for the respondents. Coram:Smt.R.P.SondurBaldota, J. Dated :18 th November, 2008. P.C. : 1. Heard learned counsel for the applicant. 2. The present Civil Application is for bringing the heirs of respondent no.1, 2 and 12 on record by condoning the delay in filing Civil Application and setting aside abatement. The Civil application has been served upon the respondents. The acknowledgment of service is seen on the first page of * 2 * the Civil Application. It was received by the advocate for respondent on 4th July, 2008. The appellants contend that they learnt about the death of respondents no.1, 2 and 12 on 17th June, 2008 when the learned counsel appearing for respondents informed the court about the death of the three respondents. Thereafter, by the letter dated 23rd June, 2008 the advocate for the respondents furnished the necessary information to the advocate for appellant to enable them to file the instant application. Hence the delay. In the circumstances, the Civil Application is allowed. The delay in filing the application is condoned. Abatement is set aside. 3. The appellant is also allowed to carry out consequential amendments in the body of the * 3 * Appeal. The amendments to be carried out within a period of 4 weeks from today i.e. on/or before 16th December, 2008. The amended copy of the appeal to be served upon the respondents within a period of four weeks thereafter. Stand Over to 16th December, 2008. [JUDGE]