Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 915 of 2004 IN WRIT PETITION NO. 955 of 2003 Prakash Narayan Bhosale ...Applicant V/s. The State of Maharashtra & ors. ...Respondents Ms. Pallavi Dabholkar for the applicant. Mr. S.K.Chinchalikar for resopndents 1 & 2. M.B.Kale i/b. Nighot for respondent no.3. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 28TH JANUARY, 2009 : 28TH JANUARY, 2009 : 28TH JANUARY, 2009 P.C. . None appears for Respondent Nos. 11A & 11B though served. Respondents 11C to 11F who were to be brought on record in place of deceased Respondent No. 11 have not been served even in companion application which was dismissed as against the said Respondents. Applying the same analogy in the present application, I will proceed to dispose of the present application. 2. Ordinarily, if the heirs of deceased respondent are not brought on record, the petition should stand dismissed for non-prosecution against such Respondent. However, in the present application atleast two legal representatives of deceased Respondent No. 11 have been duly served. However, they have not chosen to appear. 2 They would represent the estate of the deceased Respondent No. 11. 3. Accordingly, this application is partly allowed. The applicant is permitted to bring on record Respondent Nos. 11A & 11B as heirs and legal representatives of deceased respondent no. 11. 4. Amendment be carried out within two weeks from today failing which writ petition to stand dismissed for non-prosecution without further reference to the Court. 5. If steps are taken in time, petition be listed on 20th February, 2009 under caption ‘After Notice’. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]