Dixit IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.2179 OF 2006 APPLICATION NO.2179 OF 2006 APPLICATION NO.2179 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO.1040 OF 1989 APPEAL NO.1040 OF 1989 APPEAL NO.1040 OF 1989 Kana Nagu Mhatre, Deceased, . Thru’ Janu Kana Mhatre & Ors. ...Applicants V/s. The State of Maharashtra ...Respondent Mr.F.A. Mulla, Advocate, for the Applicants. Mr.B.H. Mehta, Advocate, for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 23RD NOVEMBER, 2007. : 23RD NOVEMBER, 2007. : 23RD NOVEMBER, 2007. P.C.: P.C.: P.C.: 1. Rule. 2. Learned AGP waives service for the respondent. In view of averments made in the application, sufficient cause is made out for condonation of delay. Accordingly the Civil Application is allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within six weeks. 3. On the basis of this order, amendment shall be carried out by the State Government in Cross Appeal i.e. First Appeal No.1039 of 1989 for bringing the heirs of respondent No.1(b) in the said Appeal. Amendment in the said Appeal shall be carried out by the State Government within six weeks. [ABHAY [ABHAY [ABHAY S. OKA, J.] S. OKA, J.] S. OKA, J.]