-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 158 OF 2010 IN WRIT PETITION NO. 1975 OF 2004 Sampat Mahadu Surve Since deceased through L.Rs. ..Petitioners. Versus Nattu Barku Ghuge since deceased through L.Rs. ..Respondents. Mr. P. N. Joshi for the petitioner. Mr. R. M. Patne, AGP for R-4 & 5. Coram : RANJIT MORE, J. Date : March 14, 2011. P. C. : 1. This civil application is taken out by the petitioner for bringing legal heirs of the deceased respondent no.1 on record. Respondent no.1 expired 11/09/2007 and present civil application is filed on 6/1/2010. Office endorsement shows that the legal heirs of respondent no.1 are served. However, none appears on their behalf. In paragraph no. 2, the applicants have stated that they were not aware about the death of Respondent no.1, however, after coming to know about his death they have immediately filed the present civil application. srp -: 2 :- 2. Legal heirs of respondent no.1 are since absent, the averments made in the application are deemed to have been accepted by them. In that view of the matter, civil application is allowed in terms of prayer clauses (a) and (b). 3. The applicants-Petitioners shall carry out amendment within the period of two weeks from today and thereafter within the period of two weeks shall serve notice alongwith the amended copy of the petition on the legal heirs of Respondent no.1. 4. Writ Petition to appear on board 13/4/2011. 5. Civil application stands disposed of. (RANJIT MORE, J.)