-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1076 OF 2008 IN SECOND APPEAL NO. 770 OF 2007 Kantilal Fulchand Shah. ...Applicant. Versus Vittu Khandu Padwal & Others. ..Respondents. Sachin Chavan i/b Shriram Kulkarni for the applicant. Coram : RANJIT MORE, J. Date : July 29, 2011. P. C. : 1. Heard learned counsel for the applicant. Civil application is taken out for bringing legal heirs of deceased respondent no. 3 on record. Respondent no.3 expired on 3/1/2005. Counsel for the applicant came to know about the death of respondent no.3 only when the notice issued to him returned back with the remark “dead”. This Court vide order dated 3/3/2008 issued notice to the respondents. Legal heirs of deceased no.3, however, refused to accept the service. Affidavit to that effect is filed by the applicant. Therefore, legal heirs of respondent no.3 are deemed to have been served. Despite service, srp -: 2 :- nobody appears on their behalf. In the circumstances, averments made by the applicant in civil application are deemed to have been accepted by the legal heirs of deceased respondent no.3. There has occurred some delay in taking out this civil application. However, that delay is properly explained. In any case, in view of the absence of contest by the legal heirs of respondent no.3, this civil application deserves to be granted in terms of prayer clause (a), (b) & (c). Order accordingly. Necessary amendment in second appeal be carried out within two weeks from today. Civil application stands disposed of. (Ranjit More, J.) -: 3 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 360 OF 2008 IN SECOND APPEAL NO. 770 OF 2007 AND CIVIL APPLICATION NO. 361 OF 2008 IN SECOND APPEAL NO. 770 OF 2007 Kantilal Fulchand Shah. ...Applicant. Versus Vittu Khandu Padwal & Others. ..Respondents. Sachin Chavan i/b Shriram Kulkarni for the applicant. Coram : RANJIT MORE, J. Date : July 29, 2011. P. C. : 1. Heard learned counsel for the applicant. Learned counsel for the applicant seeks permission to withdraw the aforesaid two civil applications. Leave granted. Civil applications are therefore allowed to be withdrawn and are disposed of as such. (Ranjit More, J.) srp