: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1079OF 2008 IN SECOND APPEAL NO.723 OF 1995 Shamrao Krishna Jadhav .. Applicant V/s. Smt. Hausabai w/o Shripati Hasabe & Ors. .. Respondents ..... Mr. Manoj Kadam i/by Mr. Pratap Patil for the applicant None for the respondents ..... CORAM : R.Y. GANOO, J. DATE : 17TH JUNE, 2009. P.C. : 1. Though copy of the Civil Application is served upon advocate for proposed respondent 5A to 5C, nobody is present. Heard learned advocate Mr. Kadam. Explanation found in paragraphs 5 and 6 of the Civil Application clearly goes to show that the present applicant had no specific means to know about the death of respondent No.5. The present applicant and respondent No.5 were staying in two different : 2 : villages. In my view, explanation can be accepted and the application can be granted. Hence, the following order. ORDER . Civil Application is made absolute in terms of prayer clauses (a), (b) and (c). . There shall be no order as to costs. . Amendment is to be carried out on or before 1 st July, 2009. (R.Y. Ganoo, J.)