1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10158 OF 2008 IN SECOND APPEAL NO.739 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr.Vivek Bhavthankar Advocate for Applicant. Mr.M.P. Kale Advocate for Resp. No.1/1 & 1/2 CORAM : K.K. TATED, J. DATE :10TH JULY, 2009 1. Present Civil Application preferred by original plaintiffs for bringing legal heirs on record of sole Respondent - Kisan Eknath Whodgire who expired on 17th August, 2005. Learned counsel appearing on behalf of Respondent Nos. 1/1 and 1/2 opposed the present Civil Application on the ground that there is no proper explanation for delay of 1008 days. 2. Considering the averments in Para 3 of the present Civil Application wherein the Applicant disclosed sufficient reasons for 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders condonation of delay, Civil Application is allowed in terms of prayer clause (A) and (B), which read as under: "(A) The civil application for bringing legal heirs of deceased Respondent be allowed and resp. nos. 1/1 and 1/2 may kindly be taken on record by setting aside abatement order. (B) The delay of 1008 days in filing application for bringing legal heirs of respondent be condoned." 3. Applicant to carry out appropriate amendment within three weeks from today and serve amended copy of Appeal on Respondents. 4. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca10158.08 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders