ash 1 caf-4476.09 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4476 OF 2009 IN FIRST APPEAL NO.1392 OF 2003 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri N.R. Bubna i/by Shri M.S. Lagu for the Applicants. Shri P.K. Dhakephalkar, Sr. Counsel i/by Shri Y.S. Bhate for Respondent Nos.1a to 1e. -- CORAM : A.S.OKA, J. DATE : 20TH JULY, 2011 P.C.: . Heard learned counsel appearing for the Applicants and learned senior counsel appearing for Respondent Nos.1a, 1b, 1d and 1e. The Respondent No. 1c is duly served. 2. There is a delay of about five years in making this application for bringing on record the legal heirs of the deceased Respondent No.1. The opposition of the proposed legal representatives is on the ground that in September, 2004 i.e. within a month from the date of death of the Respondent No.1, the Applicants obtained a death certificate of the deceased Respondent No.1. It is ash 2 caf-4476.09 pointed out that in various other proceedings, legal representatives of the Respondent No.1 were brought on record to the knowledge of the Applicants and, therefore, there is a gross unexplained delay. 3. Perusal of the application shows that it is not the case that the Applicants were no aware of the death of the Respondent No.1. The reason given is that due to inadvertence, the present Application could not be filed. It is stated that the Applicants desire to prosecute the Appeal further. In view of the explanation in the Application, the same deserves to be allowed. However, the Applicants will have to pay costs quantified at Rs. 7,500/-. 4. Accordingly, the Application is allowed in terms of prayer clauses (a) to (c) subject to the payment of costs of Rs.7,500/- to Respondent Nos.1(a), 1(b), 1(d) and 1(e). Payment of costs will be a condition precedent. If the amount of costs is not paid or deposited within a period of six weeks from today, the Application will stand dismissed for non-prosecution without further reference to the Court. (A.S.OKA, J)