Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLAATE JURISDICTION CIVIL APPLICATION NO.655 OF 2008 IN SECOND APPEAL NO.177 OF 2000 Shri Shankar Shivram Gawade since deceased by his legal representatives 1. Smt.Shakubai w/o Shankar Gawade and others. : Applicants. Versus Smt.Dwarkabai w/o Pandharinath Kendurkar (since deceased) Smt. Vimlabai Shankarrao Adhalikar and ors. : Respondents. Mr.Vishal Kanade h/f Ms.Jai Kanade for the Applicants. Mr. Mandar Limaye h/f Mr. A A Garge for the Respondent No.6. CORAM : C L PANGARKAR, J DATED : 21st JANUARY 2010 P.C. 1. Heard the learned counsel for the Applicants and the learned counsel for the Respondent No.6. This application has been filed for substitution of the legal representatives of the Respondent No.5 who is said to have died on 29/9/2004. There is a delay in preferring this application. However, the Applicants tried to explain the delay by contending that the Applicants came to know about the death of the Respondent No.5 only when the notice issued to him was returned with remarks “Reported Dead” i.e. he is having died 2. In view of this, the delay in preferring the application stands condoned. Abatement also stands set aside. The legal representatives of the Respondent No.5 to be brought on record. Amendment to be carried out within two weeks from today. Civil Application stands disposed of. [C.L.PANGARKAR,J]