1 cas504-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.504 OF 2009 IN SECOND APPEAL NO.345 OF 2007 Shamrao Pandurang Kalel .. Applicant Vs. Pitambar Pandurang Kalel since deceased through his heirs and legal representatives Smt.Kalabai Pandurang Kalel and Ors. .. Respondents Mr.Pradeep Gole for the applicant Mr.S.M.Mirajkar for respondent no.1 CORAM: K.K. TATED, J. DATE: 12TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This Civil Application is preferred by original defendant no.1 for bringing legal heirs on record of deceased respondent no.1, Pitambar Pandurang Kale. 3. The learned counsel appearing on behalf of applicant submits that respondent no.1 expired on 23.11.08. 4. Considering the submissions made by the learned counsel appearing on 2 cas504-09 behalf of applicant and the averments made in para nos.4, 5 and 6 of Civil Application, Civil Application is allowed in terms of prayer clause a, b and c which reads as under: (a) that the abatement, if any, be set aside; (b) that the delay, in filing this civil application be condoned; (c) that the civil application be allowed and respondent no.1(a) to 1(g) be brought on record as heirs and legal representatives of the deceased respondent no.1, records be amended and the appeal be proceeded with in accordance of law. 5. Civil Application is disposed of accordingly. (K.K. TATED, J.)