1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.7846 OF 2005 IN CIVIL APPLICATION NO.2093 OF 2005 IN WRIT PETITION NO.2909 OF 1991 Ramdas s/o Nathu Choudhari, deceased, his L.Rs. Sumanbai w/o Ramdas Choudhari and others ... APPLICANTS VERSUS Smt. Shantabai w/o Sitaram Deshpande, deceased, through L.Rs. Bhanudas s/o Sitaram Deshpande and others ... RESPONDENTS ..... Shri S.S. Choudhari, Advocate for the applicnats Shri R.N. Bharaswadkar, Advocate holding for Shri M.M. Patil, Advocate for respondent Nos.2A to 2E ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Perused. Heard learned counsel for the parties. 2. The applicants have preferred the present application for condonation of delay of 330 days caused in filing application for bringing the heirs and legal representatives of 2 deceased respondent No.1 Shantabai w/o Sitaram Deshpande on record. The learned counsel for respondents opposed the present application vehemently and submitted that it bears no substance and same is devoid of any merits and, therefore, same be rejected. 3. On perusal of the contents of the application and after considering the rival contentions, it appears that the Non- application No.1 Shantabai w/o Sitaram Deshpande expired on 26.6.2002. The legal representatives of respondent No.1 i.e. respondent Nos.1A to 1E confirmed the said position. Moreover, the applicants have explained the delay in paragraph No.3 of the present application satisfactorily Hence, it appears that the delay is not deliberate, willful and intentional and hence, same is required to be condoned in the interest of justice. 4. In the result, present application is allowed in terms of prayer clause (B) thereof and delay of 330 days caused in filing the Civil Application for bringing the heirs and legal representatives of deceased respondent No.1 on record stands condoned. (SHRIHARI P. DAVARE, J.) fmp/ca7846.05