1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4523 OF 2006 IN CIVIL APPLICATION NO. 4941 OF 2002 IN FIRST APPEAL ST. NO. 16265 OF 1997 The State of Maharashtra ...Applicant VERSUS Dastagir Bashu Mayan Khonde deceased through his legal heirs 1- Ultatbi Dastgir Khode (wife) & ors. ...Respondents ..... Smt. V.A.Shinde, AGP for the applicant Shri A.C.Bhagure, advocate for respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 27th November, 2009 PER COURT : 1 Perused. Heard learned A.G.P. for the applicant. Shri A.C.Bhagure, advocate for the respondents absent. 2 The applicant has preferred the present application for condonation of delay of 2274 days caused in filing the Civil Application for bringing heirs and L.Rs. of deceased respondent 2 no.1 on record. It is the contention of the applicant that the applicant has filed the First Appeal challenging the judgment and award passed by the learned Civil Judge, Senior Division, Osmanabad dated 31.12.1996 in L.A.R. No. 261 of 1991. 3 The applicant submits that original respondent Dastagir Bashu Mayan Khonde expired on 28.10.1999 at Taluka Osmanabad, District Osmanabad. The applicant submits that the said fact came to the notice of the office of the Government Pleader when notice issued to said respondent returned unserved as respondent was died. Hence, the office of the Government Pleader communicated to the applicant and sought the information regarding the heirs and L.Rs. of deceased respondent. Hence, the said exercise culminated into delay of 2274 days in filing the Civil Application for bringing the L.Rs. and heirs of deceased respondent. 4 Considering the contents of the application and also considering the submissions advanced by the learned A.G.P. for the applicant , it appears that the applicant has explained the delay caused in filing the Civil Application for bringing L.R. Of deceased respondent on record satisfactorily in para no.2 of the application and the said delay does not appear to be deliberate, willful or intentional and hence, the same is required to be condoned. 5 Besides, although respondent nos. 1 to 5 have been 3 served and they have engaged Shri A.C.Bhagure, advocate for them, the said advocate remained absent and nobody opposed the present application. In the result, present application is required to be allowed in the interest of justice. 6 Accordingly, the Civil Application is allowed in terms of prayer clause ‘B’ thereof and delay of 2274 days causing in filing the Civil Application for bringing heirs and L.Rs. Of deceased respondent on record stands condoned and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca4523.06