1 cas1227-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1227 OF 2011 IN CIVIL APPLICATION NO.507 OF 2010 IN SECOND APPEAL (ST.) NO.25916 OF 2006 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. A. S. Rao for the applicant. Ms. Manisha Salekar for respondent Nos.2A to 3E. Mr. M. S. Lagu for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : NOVEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the applicant, the learned counsel appearing for the first respondent and the learned counsel appearing for the proposed legal representatives of the respondent No.2. 2. The application is opposed by the learned counsel appearing for the proposed legal representatives by pointing out that in fact the 2 cas1227-11 applicant was aware about the death of the second respondent and in the application a false statement was made that the applicant was not aware. 3. After a reply was filed raising the aforesaid contention, the applicant has amended the civil application and has accepted the fact that she had knowledge about the death of the second respondent. It is explained in what circumstances the statement was made in the Original Application. In view of the explanation offered, delay deserves to be condoned and the application deserves to be allowed subject to applicant paying the costs quantified at Rs.2,000/-. Accordingly application is allowed in terms of prayer clauses (b) and (c) subject to applicant paying costs of Rs.2,000/- to the proposed legal representatives. 4. Civil Application No.507 of 2010 shall be placed on board on 17th December, 2011. (A.S.OKA, J.)