1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.14216 OF 2011 IN CIVIL APPLICATION NO.2364 OF 2010 IN FIRST APPEAL ST.NO.29223 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.S.R.Deshpande, learned counsel for the applicant. CORAM : A.V.POTDAR, J. DATE : 30/11/2011 Heard learned counsel for the applicant. It is informed that the respondent no.2A is expired during the pendancy of the proceeding before the Lower Court, of which no notice was given by the concerned Advocate to the Court or to the learned counsel for appellant/plaintiff before the Lower Court. This fact came to their knowledge when the notice of delay condonation application was tried to be served on respondent no.2A. Respondent no. 2A is also respondent no.6 before the Lower Court in her individual capacity. She is 2 respondent no.2A in the capacity as the heir of original respondent no.2 Mulchand. Respondents no.2B to 2D are already on record as heirs of respondent no.2A and they are also legal heirs and legal representatives of deceased. Learned counsel for applicant seeks permission that the applicant may be permitted to bring these heirs on record, in the capacity as the heirs of deceased respondent no.6 and for this purpose prays to condone the delay, to set aside the abetment and to allow him to bring on record as heirs of respondent no.6. For the reasons stated in the application, application is allowed in terms of prayer clause A to D and stands disposed of. Necessary amendment to be carried out in the title of the appeal memo as well as civil application for delay i.e. CA No.2364/2010. (A.V.POTDAR, J.) khs/Nov. 2011/ca14216-11