1 ca11600.08 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION 11600 OF 2008 IN SECOND APPEAL NO.317 OF 1990 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Shrihari P. Davare, J. Date : 11.02.2011. 1. Shri M.D. Joshi, Advocate for applicants- appellants. Shri Harshad D. Joshi, holding for Shri A.P. Bhandari, Advocate, for the Respondent. 2. This is an application for condonation of delay of 828 days and also for setting aside abatement of appeal in respect appellant No.1 Sakharam, as well as for bringing heirs and legal representatives of deceased appellant No.1, as stated in para 2 of the application, on record. 3. The applicants contend that applicant no.1 Sakharam expired on 15.4.2006 and death certificate to 2 ca11600.08 that effect is annexed to present civil application, which confirms the said position. 4. Since right to sue survives and continues in favour of the heirs and legal representatives of deceased appellant No.1 as shown in para 2 of the present application, the application deserves to be allowed. 5. As regards delay, the applicants have given reasons therefor and explained the same satisfactorily, as well as it does not appear that the said delay is willful, deliberate and intentional and hence, same deserves to be condoned, in the interest of justice. Moreover, abatement, if any, also deserves to be set aside in view of the aforesaid discussion. 6. In the result, present civil application is allowed, in terms of prayer clauses (B), (C) and (D) and stands disposed of, accordingly. pnd/ca11600.08 (SHRIHARI P. DAVARE, J.)