1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3061 OF 2010 IN WRIIT PETITION NO.6093 OF 2001 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. A.D.Kango, AGP for applicants/State. Ms.Sana Y.Baugwala for S.M.Gorwadkar for respondents. CORAM : K.K.TATED,J. DATE : 18/03/2011. PC: 1 Heard the learned counsel for parties. 2 This application is preferred by original Petitioner for bringing legal heirs on record of the deceased Laxman Yashwant Bhoye. The learned AGP appearing on behalf of applicant submits that the sole respondent was expired on 2 1st April, 2005, they learnt about the death of sole respondent in the month of January, 2010 when they received affidavit of Shri Omkar Laxman Bhoye son of the deceased along with death certificate. He submits that for want of knowledge it remain on their part to prefer the present application immediately. 3 The learned counsel appearing on behalf of respondents is not disputed this fact that Shri Omkar Laxman Bhoye son of deceased forwarded his affidavit and copy of death certificate to the applicant in the month of January, 2010. 4 Considering the submissions made by the learned counsel appearing on behalf of applicant and the averments made in civil application, civil application is allowed in terms of prayer clauses (b), (c) and (d) which reads as under: 3 “b) This Hon’ble Court be pleased to set aside the abatement of the above mentioned Petition. c) This Hon’ble Court be pleased to condone the delay in preferring the above mentioned 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 herein above cause title and the applicants may be permitted to carry out necessary consequential amendment in the Petition.” 5 Amendment to be carried out within three weeks from today. 6 Civil Application is disposed of accordingly. (K.K.TATED,J.)