(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 13187 of 2008 (In Second Appeal No. 143 of 1999) 1. Shahajirao s/o. Shankarrao Chauhan, since died through L.Rs. : (i) Shivaji s/o. Shahaji Chavan, (ii) Gayabai w/o. Shahajirao Chavan, (iii) Smt. Kausalya w/o. Nagorao Jadhav, (iv) Sou. Shobha w/o. Nanasaheb Bhise. 2. Shivaji s/o. Shahaji Chavan. 3. Gayabai w/o. Shahajirao Chavan. .. Applicants. versus 1. Achut s/o. Shahajirao Chavan. 2. Rukhminibai w/o. Shahajirao Chavan. .. Respondents. ....................... Mr. M.M. Patil (Beedkar), Advocate, for the applicants. Mr. S.V. Natu, Advocate, for respondent nos.1 and 2. ........................ CORAM : K.U. CHANDIWAL, J. DATE : 17TH MARCH 2010 (2) COURT'S ORDER : 1. Second Appeal No. 143/1999 is filed by Shahajirao, Shivaji and Gayabai. However, Shahajirao expired on 14-5-1999, supported by death certificate annexed with the application. The surviving legal representatives are sought to be brought on record. It is only a question of belated application moved challenging the decree dated 15-12-1997. It is informed by Mr. Natu, learned Counsel for the respondents, the decree under challenge is executed as possession is received by the respondent on 7-12-2009 and the revenue entries are also effected. 2. The slackness on the part of the appellant to bring legal representatives of deceased Shahaji on record, though visibly demonstrate, however, for the purpose of merit which probably flows in favour of the appellant, should not be squeezed. The parties are inter se related to each other. Taking possession on 7-12-2009 will not be foreclosing rights of the appellant to prosecute. 3. Consequently, delay of 3699 days caused in filing application for bringing legal representatives of deceased appellant no.1, on record, is condoned. The delay of 856 days in filing the restoration application, also condoned. The names of (3) legal representatives of deceased Shahaji, other than already appearing, be brought on record within 14 days. 4. The Civil Application is accordingly allowed. 5. Appeal to be heard for admission on 9th April 2010. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/ca13187