1 cas1669-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1669 OF 2010 IN SECOND APPEAL NO.396 OF 2009 Sitabai Namdeo Aldar and Ors. .. Applicants Vs. Vasudeo Krishna Bhosekar Decd.through his L.R.s Bhimrao Bhagwat Daptardar and Ors. .. Respondents Mr.A.M.Savagane i/b Mr.Shriniwas S. Patwardhan for the applicants Mr.Kedar Patil for the respondents CORAM: K.K. TATED, J. DATE 7TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. The present Civil Application is for bring the legal heirs on record of sole respondent. The learned counsel appearing on behalf of applicant submits that sole respondent expired on 11.5.10. For want of knowledge it remained on their part to bring legal heirs on record immediately. 2 cas1669-10 3. The learned counsel appearing on behalf of respondents i.e. the legal heirs of deceased sole respondent, vehemently opposed the present Civil Application. He submits that the applicants failed to disclose sufficient cause for delay. 4. Considering the submissions made by learned counsel appearing on behalf of the applicants and the explanation given in para 5 of Civil Application, Civil Application is allowed in terms of prayer clause (a), (b) and (c), which reads as under: (a) The applicants be allowed to amend the cause title of the aforesaid Second Appeal by showing legal heirs of respondent as mentioned in para no.3 of the present Civil application. (b) Delay, if any, in filing the Civil Application be kindly be condoned. (c) Abatement, if any, of the present second appeal be kindly set aside. 5. Civil Application disposed of accordingly. (K.K. TATED, J.)