1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.202 OF 2008 IN SECOND APPEAL NO.641 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr .S.G.Deshmukh, for the applicant/ appellant.. Mr.S.R.Page, for respondent no.7. CORAM : D.B.BHOSALE,J. DATE : 26/11/2010. PC: Heard learned counsel for the parties. By this civil application, the applicant has prayed for allowing him to bring on record the heirs and legal representatives of respondent no.11, who died on 1.10.1998. It appears that during pendency of the appeal before the first appellate court, he died and the appellate court passed order as contemplated by Order XXII rule 4(4) of the Code of Civil Procedure on the application at Exhibit-26. The applicant has stated so in T 2 paragraph 3 of the application. Keeping that in view and considering overall facts and circumstances of the case, this application is allowed in terms of prayers clause (a) and (b). Amendment to be carried out within a period of one week from today. The civil application is disposed of. SECOND APPEAL NO.641 OF 2006. After the amendment is carried out as per the order passed on Civil Application No.202 of 2008, issue notice to the heirs and legal representatives of respondent no.11, returnable in six weeks therefrom. In addition to Court's notice, the appellant/applicant to serve the unserved respondents by Advocate's notice, either personally or by Speed post/Fax, and file affidavit of service before the returnable date. Liberty to the heirs of respondent no.11 to file application for appropriate relief if they have any grievance about 3 bringing them on record at this stage of the proceedings within a period of four weeks from the date of service. (D.B.BHOSALE,J.)