- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.816 OF 2002 in FIRST APPEAL NO.284 OF 2002 M/s Agarwal Builders & Developers & ors .. Applicants vs Mrs Prema Janardhan Dhuru Respondent with CIVIL APPLICATION NO.3799 OF 2009 in FIRST APPEAL NO. 284 OF 2002 M/s Agarwal Builders & Developers & ors.. Applicants vs Mrs Prema Janardhan Dhuru .. Respondent & Mrs Leena Manek Chimegave .. Prop.Respondent .. Ms.Pratibha Mehta i.b.Little & Co for Applicants Mr.P.S.Dani for Respondent CORAM: V.C.DAGA AND R.V.MORE,JJ DATED: September 29, 2009 P.C. 1. Heard learned counsel for the applicant. Inspite of service, Mr.Dani makes a statement that he has no instructions to appear for the legal heirs of respondent in the matter. 2. Since service has already been effected, for the reasons stated in the application we see no difficulty in allowing the said application. Delay in moving present - 2 - application for substitution is condoned. Abetment is set aside. Legal heirs are allowed to be brought on record. 3. Amendment in the cause title of the appeal memo should be carried out within a a period of two weeks from today. In the event of carrying out such an amendment, issue fresh notice of the appeal to the added respondents returnable after four weeks thereafter. Humdust allowed. In addition to humdust, service by R.P.A.D.permitted. 4. So far as prayer for interim relief is concerned, that can only be considered after effecting service. Put up after 8 weeks. R.V.More, J V.C.Daga, J - 3 -