1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 430 OF 2008 CIVIL APPLICATION NO. 430 OF 2008 CIVIL APPLICATION NO. 430 OF 2008 IN SECOND APPEAL STAMP NO. 25556 OF 2001 Shri Vithalrao Dattatray Mokashi Since deceased by his heirs and legal Representatives: Appelant nlos. 2 to 4 & Ors. ...Appellants (Org. Defendant) Versus Smt. Prabhavati Shivaji Mokashi & Ors. Respondents (Org. Plaintiff) Mr. R.S.Alange, Advocate i/b. Mr. Vineet Naik,Advocate,for the applicants. Mr. P.J.Shinde, Advocate i/b. Mr. M.r.Suryawanshi, Advocate for Respondents Nos. 1 & 3. CORAM: J.H.BHATIA,J CORAM: J.H.BHATIA,J CORAM: J.H.BHATIA,J. DATED: 24th October, 2008. DATED: 24th October, 2008. DATED: 24th October, 2008. P.C. P.C. P.C. 2 1. Heard the learned Counsel for the applicants and the learned Counsel for respondents Nos. 1 and 3. 2. Leave to amend to add a prayer for condonation of delay. Amendment be effected immediately. 3. This is an Application for bringing L.Rs. of the deceased appellant No.1 on record after condonatin of delay of 275 days. The appellant NO.1 had died in April 2001. However, the Second Appeal was filed in 2002. It was not registered because of delay. On behalf of the applicants, an applicatino for condonation of delay in filing the appeal was filed which was granted. However, the applicants failed to take steps to bring L.Rs. of appellant No.1. 4. In view of these circumstances and in the interest of justice, this Application is allowed. The delay in filing the application is condoned. The L.Rs. of the deceased appellant No.1 are allowed to be brought on record. Amendment be effected within three weeks from this date. Application stands disposed of. 3 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)