1 5-cas-412-2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.412 OF 2009 IN SECOND APPEAL (ST)NO.12826 OF 1996 Shri Namdeo Y. Jadhav & Others .. Applicants. V/s. Shamabai w/o. Yeshwant Lohakare & Others .. Respondents. Mr. Niranjan Mogre i/b Mr. S. M. Gorwadkar, for the Applicants. Mr. P. N. Joshi for Respondent Nos.1, 2A to 2C. CORAM : G.S.GODBOLE, J. DATE : 25th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 This Civil Application is filed for bringing heirs of deceased Respondent No.2 on record. The application is strongly opposed by the learned Advocate for Respondents. The Applicant appear to be agriculturists, from a remote Village in the District Nashik and though the 2 5-cas-412-2009.sxw original Respondent No.2 was staying at the same village, the explanation given by the Applicants that they were not aware about the legal formalities and had, therefore, not informed their Advocates about the death of Respondent No.2, deserves to be accepted. 3 Hence, the Civil Application, though delayed by six years and six months, is allowed. Delay is condoned and Rule is made absolute in terms of prayer clause (c), subject to the payment of costs of Rs.1,500/- to Respondent Nos.2A to 2C, within a period of six weeks from today. 4 Amendment to be carried out in the Second Appeal, Civil Application No. 7877 of 2000 and Civil Application No.7878 of 2000, for the purpose of completion of the record at this stage. 5 Amendment to be carried out forthwith in the Court. (G.S.GODBOLE, J.)