1 26-cas-1444-2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1444 OF 2009 IN SECOND APPEAL NO.57 OF 2006 Shri Ajit A.Ghode & Another .. Applicants V/s. Shri Anant R. Ghode (since deceased) through his Legal Heirs & Others .. Respondents. Mr. Sanjay Patil i/b. Mr. P. M. Pradhan, for the Applicants. Mr. S. S. Patwardhan, for Respondent No.3. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 Leave to amend the Civil Application, is granted. 2 This Civil Application is filed for setting aside the order of abatement of the Appeal against Applicant No.2, who is died on 21st February, 2008. In fact, Appellant No. 1 and Respondent No.5 are heirs of 2 26-cas-1444-2009.sxw deceased Appellant No.2, who were already brought on record and the Applicant seeks to add Mrs. Shobhana B. Mirare as Respondent No.7. The proposed Respondent No. 7 is the daughter of deceased Appellant No.2. Mr. S.S. Patwardhan, learned Advocate who appears for Respondent No.3, vehemently opposed the Civil Application and states that no reasons are given for the delay in filing the said Application and pressed for dismissal of the Civil Application. 3 In my view, since two heirs were already brought on record, there is no question of abatement of the Second Appeal and what is required is the addition of the daughter as Respondent No.7 and treating Appellant No.1, Respondent No.5 as heirs of deceased Appellant No.2. In view of these, Civil Application is allowed in the following terms:­ (i) Mrs.Shobhana B. Mirare is permitted to be added as Respondent No.7 in Second Appeal. (ii) Amendment to be carried out forthwith in the Court. (iii) Notice of admitted Second Appeal, to be sent to the newly added Respondent. (G.S.GODBOLE, J.)