( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 33 OF 2008 WITH CIVIL APPLICATION NO. 3829 OF 2008 Madhukar s/o. Ganpat Kale and anr. .. Appellants Versus Shirish s/o. Bhagwan Kale and anr. .. Respondents Shri P.R. Patil, Advocate for the appellants. Shri V.D. Patnoorkar, Advocate for respondent Nos. 1 to 3. CORAM : P.R. BORKAR,J. DATED : 27.07.2009 P.C. :- 1. Heard Adv. Shri P.R. Patil for the appellants and Adv. Shri V.D. Patnoorkar for the respondents. This is an appeal filed against order passed by the Adhoc District Judge – II, Jalgaon, in Misc. Civil Appeal No.85 of 2003, decided on 12th September, 2007, whereby application for condonation of delay and application for bringing legal representatives of deceased appellant on record were dismissed. 2. Briefly stated facts giving rise to this appeal may be stated as below:- ( 2 ) . Respondent Nos. 1 and 2 filed Regular Civil Suit No. 73 of 1976 in the Court of Civil Judge, Junior Division, Jalgaon, praying for setting aside sale in respect of certain properties effected by respondent No.3 in favour of Ganpat Kale, who is father of present appellants. The suit was decreed and it was declared that sale-deed dated 30.07.1971 and 25.07.1974 were not binding on respondent Nos. 1 and 2 to the extent of their 2/3 share. As against the same, Civil Appeal No.170 of 1980 was filed in the High Court at its Principal Bench at Bombay. On 08.12.1987, Ganpat Kale – father of present appellants died. So, it cannot be said that they were not aware of the death of their father. However, it is case of the appellants that they were not aware of the transfer of appeal ultimately to the District Court, Jalgaon, until receipt of letter dated 25.07.2002 from their advocate Shri V.T. Choudhari, engaged at Aurangabad. 3. Some more dates needs to be considered at this stage. In the year 1989, the First Appeal No. 170 of 1980 was transferred from Principal seat at Bombay to the Bench at Aurangabad and re-numbered as First Appeal No. 758 of 1990. ( 3 ) Thereafter, on enlargement of jurisdiction of the District Court, the First Appeal was transferred to Jalgaon and came to be re-numbered as Civil Appeal No. 81 of 1993. In 1995, the appeal pending in the District Court, Jalgaon was dismissed as abated. The application was filed on 31.03.2003 by the present appellants for condonation of delay and for setting side the abatement order and bringing legal representatives of the appellant on record. 4. The letter of the advocate is dated 25.07.2002 and there is no explanation why till 31.03.2003 the appellant kept silence. So, even after knowing from the advocate that matter was transferred to Jalgaon on 06.04.1993 by inward No. 1606 of 1993, no immediate further steps were taken. Apart from that the Trial Court has rightly observed in para 9 that the engagement of Shri V.T. Choudhari as their advocate at Aurangabad Bench itself clearly shows that the appellants were aware that the appeal was pending at Aurangabad Bench. In-fact, at that time itself the appellant ought to have brought them themselves on record as legal representatives of their father. The learned District Judge also observed that the appellants were having knowledge of appeal transferred ( 4 ) from Principal Bench of Bombay to Aurangabad Bench and they had opportunity to verify whether the legal representatives are brought on record. 5. So, merely because notice of transfer of appeal to the District Court, Jalgaon, was given in the name of deceased Ganpat Kale, cannot be a ground for present appellants to shirk responsibility of bringing them on record in time. Considering the facts and circumstances, in my opinion, there is enormous delay. The appellant themselves are responsible for the delay. They were quite aware of death of their father. I am not satisfied that it is a case where interference is required. Therefore, the Appeal From Order is dismissed. 6. In view of disposal of the Appeal From Order, Civil Application No. 3829 of 2008 does not survive. The Civil Application stands disposed of. [P.R. BORKAR,J.] snk/2009/JUN09/ao33.08