1 CAW2315.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2315 OF 2010 IN WRIT PETITION NO. 4095 OF 2009 1. The Secretary, Swami Vivekanand Shikshan Sanstha, Kolhapur, & ors. ... Applicants v/s 1. Shri Ambadas Saidu Shinde & ors. ... Respondents Mr.Amit B. Borkar for the applicants. Mr.S.D.Rayrikar, A.G.P. for respondent Nos.2 to 4. CORAM: K.K.TATED, J. DATED: 29TH APRIL, 2011 P.C.: 1. Heard learned counsel Mr. Borkar for the applicants and the learned A.G.P. Mr.Rayrikar for respondent Nos.2 to 4. 2. This application is preferred by the original petitioner for bringing legal heirs on record of deceased Balwant Dnyandeo Suryawanshi, respondent No.5 The learned counsel appearing on behalf of the applicants submits that 2 CAW2315.10 they learnt about the death of respondent No.5 from the bailiff’s report which received by this Court. Therefore there is a delay in preferring the present application. 3. The learned counsel appearing on behalf of the applicant submits that they duly served respondent Nos.5A, 5B and 5C by private notice through their advocate by Registered Post and filed affidavit of service. 4. Considering the submissions made by the learned counsel for the applicant and the averments made in the civil application, it is allowed in terms of prayer clauses (b), (c) and (d), which read as under:- “(b) Abatement if any may kindly be set aside. (c) Delay in filing present civil application may kindly be condoned. (c) The applicant be permitted to bring legal representatives of respondent No.5 as shown in cause title of present civil application on record and further be pleased to permit applicant to amend cause title accordingly.” 5. Amendment to be carried out within two weeks from today. 6. Civil application disposed of accordingly. (K.K.TATED, J.) 3 CAW2315.10 4 CAW2315.10