1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.272 OF 2008 IN SECOND APPEAL NO.410 OF 2006 Amin Usman Fakir Makandar & Ors. : Applicants. Versus Sou.Sakina Gulab Mulani : Respondent. And Gulab Husain Mulani & ors. : Respondents (Proposed) Mr.S.J.Chourasia for the Applicants. Smt.J.P.Akolkar for the Respondents. CORAM : R.M.SAVANT, J. DATED : 23rd JULY 2008 P.C. 1. Shri Chourasia, the learned counsel appearing for the Applicants, states that the amendment in the prayer clause could not be carried out as the papers were not available as the same were in the Registry. Shri Chourasia, therefore, to carry out the amendment forthwith. 3. By the above Civil Application, the Applicants/Appellants pray for condonation of delay in filing the application for bringing the legal heirs of original Respondent on record and for bringing the legal 2 heirs of original Respondent on record who are Respondent Nos.1 to 5 to the above Civil Application. 4. Learned counsel Smt.J.P.Akolkar for the Respondents opposes the application. She submits that there is a delay of 1 year and 61 days. 5. Learned counsel Shri Chourasia for the Applicants/Appellants submits that in terms of the Code of Civil Procedure, it was incumbent upon Smt.Akolkar to inform him about the death of the original Respondent, but she has not done so and, therefore, delay in filing the above Civil Application has occurred. 6. For the reasons mentioned in above Civil Application, the same is allowed in terms of prayer clauses (a) and (a-1). The Civil Application is disposed of accordingly. The learned counsel for the Applicants/Appellants to carry out the amendment to the cause title of the Appeal within a period of four weeks from date. [R.M.SAVANT, J]