1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10180 OF 2007 IN CIVIL APPLICATION STAMP NO.9647 OF 2007 IN WRIT PETITION NO.1822 OF 1992 Kishanrao s/o Limbaji Kadam, died L.Rs. Smt. Radhabai Kisanrao Kadam and others ... APPLICANTS VERSUS Gangubai w/o Bhagwandas Pawatekar, died L.Rs. Ambabai alias Shubhangi w/o Suneshrao Pawatikar and others ... RESPONDENTS ..... Shri A.S. Shelke, Advocate for the applicants Shri C.R. Deshpande, Advocate for Respondent No.10 Respondent Nos.3A to 3E absent in spite of service. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Report of registry discloses that respondent Nos.3A to 3E have been served upon notices, however, nobody appears for them. 2 2. Perused. Heard learned counsel for the parties. 3. This is an application preferred by the applicants (original petitioners) for condoning the delay of 2082 days occurred in filing the Civil Application for bringing the heirs and legal representatives of deceased respondent No.3 Durgadas s/o Kishanrao Wavare on record. 4. The applicants submit that, the respondent No.3 Durgadas s/o Kishanrao Wavare expired on 1.7.2001. Hence, the applicants have filed Civil Application for bringing the heirs and legal representatives of deceased respondent No.3 Durgadas s/o Kishanrao Wavare on record. However, since the applicants were not aware about the death of respondent No.3, delay occurred in filing the application to bring the heirs and legal representatives of deceased respondent No.3 Durgadas s/o Kishanrao Wavare on record. 5. Learned counsel appearing for repsondent No.10 opposed the present application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 3 6. Considering the rival contentions, the applicants have explained the reasons for the delay in paragraph nos.2 and 3 of the application satisfactorily. Hence, the said delay does not appear to be willful, intentional and deliberate and, therefore, same is required to be condoned in the interest of justice. 7. In the result, present application is allowed in terms of prayer clause (B) thereof and delay of 2082 days caused in filing Civil Application for bringing the heirs and legal representatives of deceased respondent No.3 Durgadas s/o Kishanrao Wavare on record stands condoned. (SHRIHARI P. DAVARE, J.) fmp/ca10180.07