:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.311 OF 2008 CIVIL APPLICATION NO.311 OF 2008 CIVIL APPLICATION NO.311 OF 2008 IN IN IN SECOND APPEAL NO.539 OF 2003 SECOND APPEAL NO.539 OF 2003 SECOND APPEAL NO.539 OF 2003 Baburao Maruti Mohite Since deceased through heirs and L.Rs) 1a.Mahadeo Baburao Mohite & Ors. ...Applicants. v. Leelabai Umaji Madane & Anr. ..Respondents. Mr.M.M.Kadam i/by Pratap Patil , advs. for the Applicants. Mr.Archana B.Koldlgi i/by Anilkumar Patil , advs. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 25th July, 2008. DATE: 25th July, 2008. DATE: 25th July, 2008. P.C. P.C. P.C. 1. This is an application for bringing on record the legal representatives of the deceased respondent no.2 after condoning the delay of about four years and 156 days. It appears that the appeal was admitted in 2003 and the applicants were never informed about the death of the respondent no.2. Original applicant Baburao was looking after the litigation and after his death, his legal heirs were not even aware about the pendency of the second appeal. They came to know about the same in the month of December, 2007 when they received letter from advocate that the conditional order was passed by the Court to supply the private paper-book within six weeks and then they were informed about the :2: death of the respondent no.2 and this application came to be filed. No harm would be caused to the respondents if the application is allowed because even if this application would have been made earlier, the second appeal could not have been disposed off by this time. 2. Therefore, application is allowed. Delay is condoned. Legal heirs be brought on record. Amendment be effected within two weeks. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)