1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 2325 OF 2011 IN SECOND APPEAL NO. ...Applicants VERSUS ...Respondents ..... Shri H.A.Joshi, advocate for the applicants Shri B.A.Agrawal, advocate h/f Shri R.R.Mantri, advocate for respondent Shri K.B.Autade, advocate h/f Shri Y.V.Kakade, advocate for respondent no. 15. Shri S.P.Landge, advocate h/f Shri A.B.Kadethankar, advocate for respondent nos. 22 to 26(c) ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25 th February, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 2 This is an application preferred by the applicant for condonation of delay of 289 days caused in filing the present application and for permission to bring the heirs and the legal representatives of deceased appellant no.1-E on record of the accompanying Second Appeal. 3 It is the contention of the applicants that they have filed the Second Appeal No. and same is pending before this court. However, during the pendency of the Second Appeal, applicant no.1-E, namely ........... expired on 8.10.2009 and his death certificate issued by the Municipal Corporation, Aurangabad on 17.11.2009 is annexed herewith at Exh.'A' It is also the contention of the applicants that the said appellant no.1-E left behind applicant nos. 1-E(a) to 1-E(f) as his heirs and the legal representatives. 4 After considering the rival submissions of the learned counsel for the parties, it appears that applicant nos. 1-E expired on 8.10.2009 as substantiated by the death certificate annexed at 3 Exh.'A' and it also appears that the applicants have explained the reasons for the delay of 289 days causing in filing the present application and the said delay is not willful, deliberate and intentional, and hence, same deserves to be condoned in the interest of justice. Besides that, right to sue survives and continues in applicant nos. 1- E(a) and 1-E(f), and hence, their names are required to be brought on record in the interest of justice 5 In the result, present application is allowed in terms of prayer clauses ‘B’ and 'C” and applicants to carry out the necessary amendment within the period of two weeks from today. 6 The present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca2325.11