(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 11463 of 2008 (In Writ Petition No. 4810 of 2001) With Civil Application No. of 2011 (Stamp No. 17806 of 2008) (In Writ Petition No. 4810 of 2001) Satish s/o. Dattatraya Patil. .. Applicant versus Mehtab Bi w/o. Allouddin Shaikh, since deceased through legal heir, Mirsaheb s/o. Bandu Shaikh. .. Respondent. ....................... Mr. S.V. Natu, Advocate, for the applicant. Mr. M.B. Kolpe, Advocate, holding for Mr. V.G. Sakolkar, Advocate, for the respondent. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 28TH MARCH 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. S.V. Natu, for the petitioner / applicant, and Adv. Mr. M.B. Kolpe, holding for Adv. Mr. V.G. Sakolkar, for the respondent / legal heir of deceased respondent. 2. Adv. Mr. Natu points out that the legal heir proposed to be brought on record is not a natural heir but he claims inheritance on the basis of will allegedly executed by deceased respondent in his favour. He disclosed that will in a civil litigation and thereafter petitioner got knowledge of his status or claim. In the process, there is delay of 1279 days. He, therefore, seeks its condonation and leave to bring that legal heir on record. 3. Adv. Mr. Kolpe is strongly opposing the prayer. According to him, delay is huge and the matter is already abated after death of respondent. 4. The basic facts, that the petitioner got knowledge only through civil suits and thereafter initiated steps to bring legal heir on record, are not in dispute. The legal heir has also not filed any reply affidavit in this respect. I, therefore, do not see any mala fides in the matter. (3) 5. Prayer in Civil Application No. 11463/2008 is, therefore, granted and delay is condoned. 6. Office to register Civil Application Stamp No. 17806 of 2008 as Civil Application. 7. By the said application, the applicant is seeking permission to substitute him as legal heir of deceased respondent. The prayer in the said application is granted. The applicant is permitted to bring the legal heir of deceased respondent on record of Writ Petition No. 4810/2001. Necessary amendment be effected by 8th April 2011. Adv. Mr. Kolpe waives notice on behalf of the legal heir of deceased respondent. 8. Both applications are allowed accordingly. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/ca11463