3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6971 OF 2009 CIVIL APPLICATION NO. 6972 OF 2009 CIVIL APPLICATION NO. 6973 OF 2009 IN SECOND APPEAL NO. 23 OF 1990 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 09.12.2009 1. These are three applications for condonation of delay in bringing legal representatives of respondent Nos. 1-B, respondent No. 1-A and of appellant on record. The delay is respectively of 1960, 2204 and 908 days. 2. It is stated in all these applications that deceased Shankar, who was appellant and his elder son Dinkar were looking after Court proceedings. After death of Shankar, Dinkar was suffering from paralysis attack and he is still under medical treatment. Other representatives of Shankar were not 3 aware of the Court proceedings. Recently, only in the first week of July, 2009, the applicants received letter from advocate regarding fixing appeal for final hearing and thereafter they approached the advocate and filed these applications. Therefore, there was enormous delay. 3. It is also stated that the applicants are agriculturists. They were not knowing about procedure and therefore there was delay. It appears that applicant Nos. 5 and 6 were in service and residing at different places. The appeal is of 1990. It is true that the appellant is not supposed to be on watch of the respondents and know if all respondents are alive. It may be noted that since the matter is pending from 1978 and there are as many as seven respondents and several legal representatives of respondent Nos. 1 to 4, it was difficult for the appellant to keep track of deaths of the respondents. At the same time because of this enormous delay the appeal of 1990 would be further prolonged. Original suit is for partition. 3 4. Considering the circumstances stated in the applications, in my opinion, these applications deserve to be allowed on heavy costs. In the result the applications are allowed, delays in filing application for bringing legal representatives on record are condoned subject to payment of costs of Rs. 1500/- (Rupees One Thousand Five Hundred only) in each application to the respondents within a period of six weeks from today. In case of failure to pay costs within time, these applications shall stand dismissed without back reference to the Court. 5. The Civil Applications are allowed and disposed of accordingly. [P.R. BORKAR,J.] snk/2009/DEC09/ca6971.09