: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1322 OF 2009 IN WRIT PETITION NO.5094 OF 1997 Indirabhai N. Bivalkar & Ors. ... Applicants V/s. Yadav G. Mhatre & Ors. ... Respondents Mr.Deepak More for Applicants Mr.A.H. Palekar for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH JUNE, 2009 P. C.: 1. This civil application has been filed for deleting the name of the Petitioner No.1 from the cause title as petitioner No.1 has died on 21.8.2008. The Civil application has been filed on 17.4.2009 in which it has been contended that the only legal heirs of Petitioner No.1 are Petitioner Nos.2 and 3 who are already on record. 2. Mr.Palekar, appearing for the Respondent Nos.1 to 10, objects to any relief being granted to the Applicants on the ground that there is a delay in taking out the present civil application and there is no prayer for condoning the delay. : 2 : 3. In my opinion, this submission of the learned Counsel for the respondents is without merit since the Petitioner Nos.2 and 3 being the Legal Representatives of Petitioner No.1 are already on record and what is sought today by this application is leave to delete the name of Petitioner No.1. 4. Civil application is allowed. Amendments to be carried out within two weeks from today.