1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO. 976 OF 2009 IN WRIT PETITION NO. 7570 OF 2004 Vitthal Jaisingh Khailare Deceased-Through legal heirs .. Petitioner Versus Madhav Narayan Modak and others .. Respondents Shri Ashok B. Tejane, for the Petitioner Shri Sandeep Pathak i/b Mrs. Vinita Babra Shastri for Respondent No.3 Shri Dilip Bodkar, for Respondent No.5, Shri Hitesh Vyas for Respondents 6 and 8 CORAM: MRS. MRIDULA BHATKAR, J. DATED:24th April, 2009 P. C. 1. Heard learned counsels for the parties. 2. This application is filed by the legal heirs of the petitioner seeking leave to prosecute the present petition as legal representatives of the deceased petitioner and also further seeking relief that the applicants be permitted to carry out amendment accordingly. This Court, vide 2 order dated 5th February, 2009, directed restoration of the petition and the applicants were directed to take steps to carry out the correction of the record of the Lower court and formal amendments in the petition if required. The Applicants produced compliance report, bringing the legal representatives of the petitioner. The order allowing the amendment was passed on 17th March, 2009, thereby legal heirs of the appellant in Misc. Civil Appeal No. 394 of 1998 in the Court of District Judge, Pune, were brought on record. Pursuant the said order of this Court, this Civil application is moved. 3. The learned counsel appearing for the Respondents drew my attention to the previous order dated 22nd June, 2007 dismissing the this writ petition petition. However, in view of the order dated 5th February, 2009, as the petition is restored, previous order in the petition cannot be considered. In view of this, leave granted to prosecute the writ petition through the legal heirs of the petitioner. Petitioners to carry out necessary amendment within one week. Delay caused, if any in filing the Civil application is condoned. 3 Petitioners to serve the copy of the amended petition on the respondents. ( MRIDULA BHATKAR, J.) jpc/-