:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Civil Application No. 5591 of 2008 Civil Application No. 5591 of 2008 Civil Application No. 5591 of 2008 in in in First Appeal No. 313 of 2008 First Appeal No. 313 of 2008 First Appeal No. 313 of 2008 The State of Maharashtra. ..Applicant. Versus. Gopal Hari Fugat @Patil & Others. ..Respondents. --- Mr. A. R. Patil for the applicant. AND Civil Application No. 5203 of 2008 Civil Application No. 5203 of 2008 Civil Application No. 5203 of 2008 in in in First Appeal No. 313 of 2008 First Appeal No. 313 of 2008 First Appeal No. 313 of 2008 Gopal Hari Fugat @Patil & Others. ..Applicants. Versus. The State of Maharashtra. ..Respondent. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: November 26, 2008. DATE: November 26, 2008. DATE: November 26, 2008. P.C. P.C. P.C. 1. Civil Application No. 5591 of 2008 is filed by the State of Maharashtra seeking condonation of 4 year and 64 days delay caused in preferring the civil application for brining the legal heirs of the respondent no.5 on record after the death of respondent no.5 , ie., Smt. Bhagirathi Hari Fugat @ Patil. She expired on 6/6/2004. In the said civil application, prayer has also been made to set aside the abatement and to bring on record the heirs of :2: :2: :2: the respondent no.5. 2. Civil Application No. 5203 of 2008 has been filed by the respondents and heirs of deceased Bhagirathi (i.e., respondent no.5). The heirs of the deceased respondent no.5 have been shown as respondent nos. 5(a) to 5(f). They have also sought condonation of delay and prayed that the heirs of the deceased respondent no.5 be brought on record. 3. Since both appellant and respondents have prayed and requested for the same reliefs, we allow both the civil applications. Civil Application No. 5591 of 2008 is allowed in terms of prayer clauses (b), (c) & (d). Civil Application No. 5203 of 2008 is allowed in terms of prayer clauses (a) & (b). Necessary amendment be carried out in the appeal memo. 4. Both civil applications, therefore, stand disposed of. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)