1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1228 OF 2009 IN SECOND APPEAL NO. 2 OF 1997 Vithal Ambaji Chougule (deceased) through heirs and legal representatives: A. Mr. Ananda Vithal Chougule & Ors. .. Applicants/ Heirs of Appellants/Deft.No.1 Vs. Shri Balaku Ramchandra Patil & Ors. .. Respondents Mr. B.K.Raje,Advocate, for the applicants.. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2009. P.C. 1. Heard the learned Counsel for the applicants. None for the respondents. 2. Second Appeal was filed by the appellant in 1997. The applicants, who claim to be legal heirs of the deceased appellant, state that they were not aware that any application is required to be made to bring them on record and therefore delay was caused. It is pertinent to note that the appeal is still pending and it has not been dismissed or disposed of as abated. The applicants appear to 2 be residents of remote village in Taluka Shahuwadi, District Kolhapur. 3. In view of these circumstances, the delay in filing the Application is condoned. The abatement is set aside and the appeal is restored to file. The applicants be brought on record as legal heirs of the deceased appellant. Amendment be effected within two weeks. Application stands disposed of. (J.H.BHATIA,J.)