KBP 1 ca434-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.434 OF 2009 IN SECOND APPEAL NO.296 OF 1993 (Anusaya Vs. Babai) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Ms.Minakshi Surve h/f.Mr.R.A.Thorat, for applicants. Mr.Ravindra Pachundkar h/f.Mr.Dilip Bodake, for respondents. CORAM : R.G.KETKAR, J. DATE : 27 th APRIL, 2011 P.C. Heard learned counsel for the applicants. This is an application for bringing heirs and legal representatives of respondent, since deceased, on record, as also for condonation of delay caused in filing this application. By letter dated 2 nd May, 2006 addressed by advocate for respondent to the Registrar General, it was intimated that the sole respondent has expired on 29 th May, 2005. Copy of the said letter was also sent to the advocate for applicants. After receipt of this letter, the advocate for applicant addressed letter dated 3 rd May, 2006 calling upon the advocate for respondent to furnish the names and addresses of the heirs and legal representatives of deceased respondent so as to enable him to take out appropriate application. KBP 2 ca434-09.sxw In paragraph 3 of the application, it is asserted that the advocate for respondent failed to provide names and addresses of the heirs and legal representatives of the deceased respondent. Though the respondents have filed affidavit in reply, the above averments are not denied. In view of the above, I am satisfied that the delay in filing the application deserves to be condoned. Hence, following order:­ (i) Civil Application is allowed in terms of prayer clauses (a), (b) and (c) with no order as to the costs. Amendment to be carried out within four weeks. [ R.G.KETKAR, J. ]