1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. O. NO. 39 OF 2011 & C. A. F. NO. 1700 of 2010 IN FIRST APPEAL NO. 249 OF 1997 [New India Assurance Vs. Bhushan Motilal Agrawal] Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri D. N. Kukday Adv for applicant. Shri A. S. Jaiswal Adv for non applicant/respondent. CORAM: .R. M. SAVANT J. Dated: 2 nd FEBRUARY, 2011. By the above civil application the applicant prays for condonation of delay in filing the application for setting aside abatement and bringing the heirs of respondent no.1 on record. Reasons why the delay has occasioned are being mentioned in the civil application. Learned counsel appearing for the other respondents submits to the orders of the Court. The civil application is therefore allowed. Resultantly delay of 127 days in filing the application for condonation of delay in setting aside abatement and bringing legal 2 representatives on record stands allowed. Civil Application is accordingly disposed of. By the above civil application applicant seeks to bring the heirs of respondent no.1 on record. Names are mentioned in para 2 of the civil application. Learned counsel appearing for the other respondents states that there are some other heirs whose names are not mentioned. However the said names would be furnished to the learned counsel for the applicant so that they can also be brought on record. He may do so within the course of one week. The above civil application is therefore allowed. The learned counsel for the applicant to amend the cause title of the proceedings within two weeks from today incorporating the names of the heirs as mentioned in para 2 as also those that will be given by the learned counsel for the respondents. On such amendment issue notice to the said respondents returnable in four weeks. Learned counsel further states that he will waive notice on behalf of respondents whose names are mentioned in para 2 of the civil application. Civil Application is accordingly disposed of. JUDGE svk 3 4 5 6