KBP 1 ca1059-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1059 OF 2010 IN SECOND APPEAL NO.296 OF 1993 (Anusaya Vs. Babai) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Ms.Minakshi Surve h/f.Mr.R.A.Thorat, for applicants. Mr.Ravindra Pachundkar h/f.Mr.Dilip Bodake, for respondents. CORAM : R.G.KETKAR, J. DATE : 27 th APRIL, 2011 P.C. Heard learned counsel for the parties. This is an application for bringing heirs and legal representatives of appellant no.1A who is also appellant no.2, since deceased, on record. She expired on 26 th November, 2008. By the present application, the applicants further seeks to bring heirs and legal representatives of appellant no.1B Shivaji who is also appellant no.4, since deceased, on record. Said Shivaji expired on 4 th March, 2009. Present application is filed on 12 th July, 2010. In paragraph 6 of the application, it is averred that Shivaji was looking after the above proceedings and other applicants had no knowledge about the pendency of the proceedings. On behalf of the respondent, reply is filed KBP 2 ca1059-10.sxw opposing the application contending that the applicants are not serious in prosecuting the present proceedings. In fact, earlier Civil Application No.434 of 2009 for bringing heirs and legal representatives of respondent no.1, since deceased, on record was dismissed. It is, therefore, submitted that the present application deserves to be dismissed. For the reasons set out in the application, I am satisfied that the Civil Application deserves to be allowed subject to payment of costs of Rs.1,000/- to the respondents. Civil Application is allowed in terms of prayer clauses (a), (b), (c) and (d), subject to the payment of costs of Rs.1,000/- to the respondents, within six weeks from today. Amendment to be carried out within eight weeks from today. [ R.G.KETKAR, J. ]