: 1 : kbp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2331 OF 2009 IN FIRST APPEAL NO.627 OF 2003 Ramesh Gulabchand Solanki (Deceased) through their Lrs. Devendra Ramesh Solanki & ors. ..Applicants V/s. Mrs.Shanta Bail Jai Narayan Gandhi ..Respondents ..... Mr.Prashant Rajput i/b.Mr.N.V.Vechalekar, for applicants. Mr.P.B.Shah, Advocate for respondents. ..... CORAM : R.Y. GANOO, J. DATE : 9TH JULY, 2009. P.C. : 1] Heard Mr.Prashant Rajput i/b.Mr.N.V.Vechalekar, for applicants and Mr.P.B.Shah, Advocate for respondents. 2] This Application is filed for bringing legal heirs : 2 : on record. There is delay in filing the application of four years and fourty days. The delay is sought to be explained in para. no.3 of the application. It is contended that present applicants did not not know that the legal heirs will have to be placed on record. This application is opposed by Mr.Shah, Advocate for respondents contending that in the execution proceedings no.2121 of 2003 one of the applicants namely Devendra Ramesh Solanki had participated and executed vakilpatra in favour of Advocate. Therefore, it cannot be said that present applicants were not aware of legal proceedings. 3] In so far as question of delay is concerned, I am inclined to observe that after the death of original appellant what is to be done with the matter may not be known to the present applicants and it is possible to say that they were not knowing which lawyer appeared on behalf of appellant after the death of original appellant. In any case, I am inclined to observe that the application can be granted by puting cast of Rs.2,000/-. Hence order: : 3 : O R D E R (i)Civil Application made absolute in terms of prayer clause A . Applicant to pay cost of Rs.2,000/- with the respondent within a period of ten days from today. Cost can be paid to the Advocate in Bombay. (ii)Amendment be carried out on or before 27th July, 2009. If amendment is not carried before 27th July, 2009, the registration shall stand cancelled without further orders of the Court. (R.Y. Ganoo, J.)