*1* 35.cas1297.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1297 OF 2010 IN SECOND APPEAL NO. 436 OF 2001 Narayan Shankergiri Gosavi ..Applicant -Versus- Smt. Savitri Bandu Buva & Ors. ..Respondents .......... Mr.S.R.Mane i/by N.V.Bandiwadekar for the Applicant. Mr.Vinod Jadhav for Respondent Nos. 1 and 6. .......... CORAM : K.K. TATED, J. DATE : 7TH FEBRUARY 2011. P.C. 1 Heard learned counsel Mr.S.R.Mane for the applicant and Mr.Vinod Jadhav for respondent nos. 1 to 6. 2 This civil application is preferred by the original appellant for brining the legal heirs on record of the deceased respondent no.3-Laxmibai Krishna Buva. 3 The learned counsel appearing on behalf of the applicant submits *2* 35.cas1297.10 that the delay of 7 years 3 days in preferring the civil application. He submits that when the applicant contacted their advocate at Mumbai for making inquiry about the second appeal, at that time, the advocate informed him that respondent no.3 expired and they have to prefer appropriate application for brining the legal heirs of the deceased respondent no.3 on record. He further submits that to obtain the death certificate of the deceased respondent no.3 and the details of the legal heirs thereof took some time and the delay occurs. 4 Though the legal heirs of respondent no.3 are served, no one appear on behalf of behalf of them when the matter is called out for hearing. 5 Considering the submissions made by the learned counsel appearing on behalf of the applicant and the averments made in the civil application, the civil application is allowed in terms of prayer clauses (a), (b), (c) & (d), which reads as under : “(a) The persons named in para 1 of this civil application may be permitted to be brought on record of the aforesaid Second Appeal No.436 of 2001 as the legal heirs and legal representatives of deceased Respondent No.3 – Laxmibai Krishna Buva, and the record and proceedings be allowed to be amended accordingly; (b) The delay of 7 years 3 days in filing this Civil Application may kindly be condoned; *3* 35.cas1297.10 (c) The order of abatement of aforesaid Second Appeal with regard to deceased Respondent No.2 may kindly be set aside; (d) The name of Respondent No.5 be deleted from the array of the Respondents in the aforesaid Second Appeal, since the said Respondent has died without any heirs and legal representatives.” 6 The civil application is disposed of accordingly. ( K.K. TATED, J.) -