SSK/908 1 caw 2860.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2860 OF 2010 IN WRIT PETITION NO.824 OF 1995 Smt. Hausabai Sakharam Panaskar (deceased) through her legal heirs and respresentatives 1a) Shri Jagannath Sakhara Panaskar & Ors. ....Applicants. Versus Shri Gokul Hari Jagdale & Anr. ...Respondents Mr. S. P. Thorat, Advocate for the applicants. CORAM : RANJIT MORE, J. DATED : 21st APRIL, 2011. P.C.: Heard Mr. Thorat, learned counsel for the applicants. None appears for the respondents though served. 2. The civil application is taken out for bringing legal heirs of the sole petitioner on record. The original petitioner died in the year 1999 and the present civil application is taken out on 21st October, 2010. Taking these dates into consideration, I am of the view that the delay is inordinate. The applicants have, however, explained this delay in paragraph nos. 2, 4, SSK/908 2 caw 2860.10 5 & 6. It is stated that the counsel for the applicants, came to know about the death of the sole petitioner only when the matter was listed for final hearing and this fact was informed to the local advocate at Masur, Taluka- Karad and thereafter, the present civil application is taken out. The legal heirs of the sole petitioner were also unaware about the position of law that they are required to be brought on record in place of the deceased sole petitioner. The respondents, though served, are not contesting this application either by filing a reply or by remaining present in the Court. In that view of the matter, the averments made in the civil application are deemed to have been accepted by the respondents. The civil application therefore deserves to be allowed and same is accordingly allowed in terms of prayer clauses (b), (c) and (d). (RANJIT MORE, J.)