1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3927 OF 2008 AND CIVIL APPLICATION NO.1739 OF 2008 IN FIRST APPEAL (ST) NO.30434 OF 1998 The State of Maharashtra .... Applicant (at the instance of Special Land Acquisition Officer, Solapur) Vs. Daji Yadav Hajare (deceased) .... Respondents through his LRs. Mrs. Geeta Mulekar, AGP for Applicant. None for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 11th December, 2008 P.C. 1. This Civil Application is taken out for bringing heirs of the respondent on record after condoning the delay in filing the Civil Application and by setting aside abatement of the appeal. The respondent died on 18th December,1997. It appears that thereafter one of his heirs i.e. the son also died on 26th February,2006. The application contains a prayer for bringing the heirs of the son also on record. 2. The applicant contends that the delay in preferring the Civil Application for bringing the LRs 2 on record is on account of want of knowledge. The applicant claims to have learnt about the death of respondent at the time of effecting service on him. The application, however does not specify the date on which the service was effected and details of the steps taken by the applicant thereafter. Even if the applicant learns about the death belatedly it is not expected to delay the matter thereafter. It is not sufficient for the applicant to only contend that it learnt about the death belatedly. Thus the applicant has failed to make out case for condonation of delay. Therefore, the Civil Application is dismissed. 3. In view of dismissal of this Civil Application, the Civil Application No.1739 OF 2008 and the First Appeal (St) No.30434 of 1998 stand abated. (SMT.R.P. SONDURBALDOTA,J)