1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1616 OF 2008 WITH CIVIL APPLICATION NO.1683 OF 2010 IN WRIT PETITION NO.5010 OF 2001 Maruti Ramji Ingle since deceased through L.Rs. Savitri Maruti Ingle and ors. : Applicants. versus The State of Maharashtra and ors. : Respondents. Mr.Tanaji Mhatugade i/by Mr. A M Kulkarni for the Applicants in CA No.1616/08 Mr.Tanaji Mhatugade for the Applicants in C.A.No.1683 of 2010. Mr. V S Gokhale, AGP for the Respondents/State. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 06th July 2010 P.C. 1 So far as Civil Application No.1616 of 2008 is concerned, it is filed for recalling the order of abatement of the Writ Petition No.5010 of 2001. By an order dated 3/2/2003 the Division Bench of this Court (Comprising of V G Palshikar and S A Bobade, JJ) disposed of the said Petition as abated in view of the death of the sole Petitioner. 2 So far as the Civil Application No.1683 of 2008 is concerned, it is filed for bringing the the legal heirs of the sole Petitioner on record. 2 3 We have heard the learned counsel for the Applicants and the learned AGP for the State/Respondents. 4 It is pointed out that in the Writ Petition No.5010 of 2001, no notice was issued to other sides and no heirs of the sole Petitioners were brought on record. Considering the grounds mentioned in the Civil Applications and with a view that the main Writ Petition No.5010 of 2003 can be heard on merits at the admission stage, both the Civil Applications are allowed. Abatement stands set aside. Writ Petition No. 5010 of 2010 is restored to file. The delay in filing the Civil Application No.1683 of 2010 stands condoned. The Applicants to bring the heirs of the original Petitioner on record within a period of one week and amend the cause title of the said Writ Petition accordingly. 5 Office to place the Writ Petition No.5010 of 2003 for admission on 16th July 2010. The learned counsel for the Applicants is directed to annex the copies of the Exhibits to the Writ Petition No.5010 of 2003 in both the sets on or before the next date. 6 Both the Civil Applications are accordingly disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J] 3