1 38-cas-322-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.322 OF 2011 IN SECOND APPEAL (ST)NO.4329 OF 2011 Shri Gajanan N. Gharat & Another .. Applicants. V/s. Smt. Kusum D. Vari & Another .. Respondents. Ms. P. Kulkarni i/b. Mr. K. S. Patil, for Applicants. Ms. Anamika i/b. Mr. S. V. Gavand, for Respondent No.1. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 This Civil Application is filed for condonation of delay of 43 days in filing Appeal. The office remark indicates that Civil Application stands abated against Respondent No.2 by order of Registrar (Judl.I), passed on 15th July, 2011. 2 38-cas-322-2011.sxw 3 The Appeal arises out of Regular Civil Suit No.68 of 2003 filed in the Jt. Civil Court, Pen. Perusal of the proceedings shows that Respondent No.2 – Kashibai Parshuram Gharat was the mother of Respondent No.1 – Smt. Kusum Dharma Vari, both being heirs of late Parshuram Gharat. Hence, the sole heir of deceased Respondent No.2 is already on record as Respondent No.1. In view of this, there is no question of abatement of the Second Appeal. 4 Accepting the reasons given in paragraph 2 of the Civil Application, Civil Application is allowed in terms of prayer clause (a). Delay is condoned. Office is directed to register the Second Appeal and after all objections are removed, the Second Appeal shall be listed for admission as per C.M.I.S.Programme. 5 Advocate for the Applicants is permitted to show the name of Respondent No.1 as heir of deceased Respondent No.2 in the cause title of the Second Appeal. 6 Amendment to be carried out forthwith. (G.S.GODBOLE, J.)