IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.319 OF 2008 IN SECOND APPEAL (ST) NO.3366 OF 2008 Smt.Vedavati Bhaskar Killedar & ors. )..Applicants Versus Durgadas Raghunathrao Karanjker & ors.)..Respondents ---- Mr.S.G.Deshmukh for the applicants. Mr.Aniruddha S.Pratinidhi for respondent no.1. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 2.5.2008. PC 1. Heard both sides. This is an application for condonation of 458 days delay in filing of the Second Appeal. The decree in question was passed on 31.7.2006 but however, it appears that the defendant expired on 6.10.2006. The applicants contend that they were unaware of the decree till they were served with the notice of execution on 10.11.2007. The contentions of the applicants are denied. However, taking into account that the applicants were not the original defendants and are the heirs of the deceased defendant, in the interest of justice, I am inclined to allow this application subject to payment of cost. Civil application is allowed subject to payment of cost of Rs.2000/- which will be deposited in this court on or : 2 : before the next date. Office to number the Second Appeal and place the same for admission on 16.6.2008. Costs cost in cause. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)