1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 47 OF 2009 IN CIVIL APPLICATION NO. 1640 OF 2008 IN APPEAL FROM ORDER NO. 611 OF 2006 Padmakar Trimbak Karmarkar & Ors. .. Petitioners. Vs. Mrs.Pramila G. Ranade (Since deceased through L.Rs.) 1A Gajanan N. Ranade & Ors. .. Respondents. .... Mr.R.S.Mhamane, Advocate for the petitioners. Mr.S.S.Kanetkar for respondent nos. 1(A) to 1(C) for the respondents. .... CORAM : D.B. BHOSALE, J. DATED : 19TH NOVEMBER, 2009 P.C. 1. In this civil application, the applicants have made the following prayer : “This Hon’ble Court be pleased to set aside the order dated 21.1.2009 passed by this Hon’ble Court (Coram : Bhosale, J.) disposing of Civil Application No.1640 of 2008 finally although Advocate representing Applicants in the said C.A. had notified to the petitioner by his letter dated 6.1.2009 (Ex.’A’) that hearing will take place on 3.2.2009 and the said C.A.No. 1640 of 2008 be heard ensuring due notice and opportunity of being heard to all concerned.” 2 2. Heard learned counsel for the parties. For the reasons stated in the application, it is made absolute in terms of prayer clause (a). Civil application is disposed of. CIVIL APPLICATION NO. 1640 OF 2008 1. By consent, the Civil Application is taken up for hearing. I have heard the learned counsel for the parties. 2. By this civil application, the applicants have prayed for allowing them to be substituted as heirs and legal representatives of the deceased appellant. None of the respondents have filed reply affidavit opposing the prayers made in the application. The cause shown for delay in filing the application, in my opinion, is sufficient. In view thereof and for the reasons stated in the application, it is made absolute in terms of the prayer clauses (a), (b) & (c). The applicants to carry out amendment within ten days from today. Civil Application is disposed of. (D. B. Bhosale, J.)