1 904 caw 1227.11.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1227 OF 2011 IN WRIT PETITION NO.5752 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. T.R.Yadav h/f Mr. V.P.Vaidya for the petitioner. None for the respondent. CORAM : K.K.TATED,J. DATE : 21/06/2011 PC: 1 Heard the learned counsel for the Applicant. 2 This application is preferred by the original petitioner for bringing legal heirs of deceased respondent nos. 17, 19, 22, 50, 52, 65 and 74. 3 The learned counsel appearing on behalf of applicant submits that there is a delay in preferring the 2 904 caw 1227.11.doc civil application for bringing the legal heirs on record of deceased respondents. They learnt about the death of respondents when the learned counsel appearing on behalf of respondents preferred civil application in writ petition no.10371 of 2009 for bringing legal heirs on record in that petition. Applicant states that they have good chance to success in the present writ petition. Applicant states that if the delay is not condoned irreparable loss and injury shall be caused to them. He further submit that the abatement of the petition for bringing legal heirs of the deceased respondents to be recalled. 4 Considering the submissions made by the learned counsel for the 3 904 caw 1227.11.doc applicant and averments made in the civil application, I satisfy that there is a genuine reason for delay in preferring the present civil application. Civil Application is allowed in terms of prayer clause (a) and (b) which read as under: “a) That this Honourable Court may be pleased to condone the delay in filing the Civil Application and the order of abatement of the Petition qua deceased be recalled. b) That this Honourable Court may be pleased to permit the Petitioner to bring the legal heirs of the deceased workmen on record and the names of the legal heirs be substituted in place of deceased workmen.” 5 Applicant is directed to carry out amendment as per Annexure ‘A’ 4 904 caw 1227.11.doc to the application within three weeks from today. 6 On carrying out amendment, office is directed to issue notice to the added respondents i.e. legal heirs of deceased respondents. 7 Civil Application is disposed of accordingly. (K.K.TATED,J.)