1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.563 OF 2007 IN SECOND APPEAL NO.277 OF 2007 Ravindra Vasudeo Gosavi & Ors. ..... Applicants vs. Dattu Bala Dange (deceased) ..... Respondents thru’ LRs Maruti Dange & Ors. Mr.Abhijeet Khandarkar h/f Mr.S.G. Deshmukh,Advocate for applicants. Mr. Ajay Magdum h/f Mr.S.S. Patwardhan,Advocate for respondents. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 25th November, 2009. PC : 1. This Civil Application is taken out for bringing legal heirs of respondent no.4 on record who died pending the First Appeal before the District Court, Sangli. The death took place after hearing in the appeal was complete and the appeal was kept for pronouncing the judgment. The learned counsel for the applicants relying upon the provision of Order 22, Rule 6, C.P.C. submits that since the death has taken place during the period of conclusion of hearing and the pronouncement of the judgment, the proceedings did not stand abated and that the judgment shall have the same force and effect as if it had been pronounced before the death took place. 2 2. The instant Second Appeal was filed on 29th March 2007 and the application for bringing the heirs on record filed on 12th April 2007. Considering the peculiar facts of the case, the Counsel requests that the delay be condoned and the legal heirs of respondent no.4 allowed to be brought on record. 3. Heard both the advocates. Considering the facts of the case and the provisions of Order 22, Rule 6 C.P.C., the Civil Application is allowed in terms of prayer clauses (a) and (c). (Smt.R.P.SondurBaldota, J.)