1 931 cas 1112.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1112 OF 2010 IN SECOND APPEAL (STAMP) NO. 864 OF 2007 WITH CIVIL APPLICATION NO. 1113 OF 2010 IN SECOND APPEAL (STAMP) NO. 864 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr S.G.Karandikar for the applicants. Ms. Prasad Kulkarni i/b Mr.P.S.Dani for respondent nos. 1 to 6. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard learned counsel for parties. 2 This application is preferred for bringing legal heirs on record of sole appellant Dayaram Pilaji Gharat. 3 Considering the submissions made by the learned counsel appearing on behalf of applicants and the averments made in civil application, civil application is allowed in terms of prayer clauses (a) and (b) which read as under: 2 931 cas 1112.10.doc “(a) Delay of about 213 days in filing the present Civil Application may kindly be condoned. (b) Applicant Nos. 1 to 4 be brought on record of second appeal in place of deceased appellant by setting aside abatement of the second appeal as heirs and legal representatives of the deceased appellant, by permitting them to carry out suitable amendment.” 4 Amendment to be carried out within four weeks from today. If amendment is not carried out within four weeks from today, civil application to stand dismissed without referring back to the court. 5 Civil Application is disposed of accordingly. CIVIL APPLICATION NO. 1113 OF 2010 1 Heard learned counsel for parties. 2 This civil application is for bringing legal heirs on record of deceased respondent no.1 Sunanda Atmaram Gharat. 3 Considering the submissions made by the learned counsel appearing on 3 931 cas 1112.10.doc behalf of applicant and the averments made in the civil application, civil application is allowed in terms of prayer clauses (a) and (b) which read as under: “(a) Delay in filing the present Civil Application may kindly be condoned. (b) By setting aside order dated 1/9/2009, respondent nos.1a to 1e be brought on record of the second appeal in place of deceased respondent no.1 by setting aside abatement as heirs and legal representatives of the deceased respondent no.1, by permitting the applicants to carry out suitable amendment.” 4 Amendment to be carried out within four weeks from today. If amendment is not carried out within four weeks from today, civil application to stand dismissed without referring back to the court. 5 Civil Application is disposed of accordingly. (K.K.TATED,J.)