1 26-caw-3058-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3058 OF 2010 IN WRIT PETITION NO.6090 OF 2001 The Dy. Secretary, Rural Development and Water Conservation Dept. & Others .. Applicants. V/s. Mr. Namdeo N. Shingade (since deceased) through his legal heirs & Others .. Respondents. Mr. P.G.Sawant 'B' Panel, for Applicants. None for Respondents. CORAM : K.K.TATED, J. DATE : 18th JULY, 2011. P.C.: 1 Heard learned AGP for Applicants. None for the Respondent. 2 The learned AGP appearing for Applicants state that they served all the Respondents by private notice. Affidavit of service dated 6th June, 2011 is filed. Same is on record. 2 26-caw-3058-2010.sxw 3 This application is preferred by original Petitioner for bringing legal heirs on record of deceased Respondent – Namdeo Nathu Shingade, who expired on 14th December, 2005. The learned AGP states that they learnt about the death of Respondent in December, 2009. Thereafter they made inquiry and collected names and address of legal heirs. He submits that for want of knowledge of death of Respondent, they failed to take out appropriate steps for preferring the present application immediately. He further states that the delay for preferring the present application to be condoned. 4 Considering the submission made by the learned AGP and the considering the averments made in the Civil Application, same is allowed in terms of prayer clauses (b), (c) & (d) which reads thus:- “(b)- This Hon'ble Court be pleased to set aside the abatement of the abovementioned Petition. “(c)- This Hon'ble Court be pleased to condone the delay in preferring the abovementioned Civil Application for bringing legal heirs on record of the deceased Respondent. “(d)- This Hon'ble Court be pleased to allow the Applicants to bring legal heirs on record of the deceased Respondent as stated hereinabove cause title and the Applicants may be permitted to carry out necessary consequential amendment in the Petition.” 3 26-caw-3058-2010.sxw 5 Amendment to be carried out within four weeks from today. 6 Civil Application is disposed of accordingly. (K.K.TATED, J.)