ca8962.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8962 OF 2011 IN CIVIL APPLICATION NO. 11 OF 2007 IN SECOND APPEAL NO. 166 OF 1991 Dada s/o Shamrao Yele (Died through L.Rs. Asaram s/o Dada Yele...Applicant (Died through L.Rs.) Smt. Sojarbi w/o Asaram Yele and others ...Applicants Versus Rajkumar @ Rajendrakumar Shantilal Jain (Died through L.Rs.) Virandra w/o Rajkumar @ Rajendrakumar Jain and others ...Respondents ..... Mr. V.M. Maney, advocate for the applicant Mr. P.P. Kothari i/b Mr. A.S. Bajaj, advocate for respondent No.1-a and 1- b ..... CORAM: A.V. NIRGUDE, J. DATED: 21ST SEPTEMBER, 2011 PER COURT:- 1 This application seeks restoration of civil application No. 11 of 2007 which was dismissed in default on or about 16.7.2008. Since the present application is filed rather belatedly after the order of dismissal, ca8962.11 -2- the applicants/appellants are also seeking condonation of delay of 1063 days. In the meantime, out of two respondents, respondent No.1 died and the applicants are not seeking to bring legal representatives of respondent No.1 on record. The legal representatives of respondent No.1 were also sought to be served but they were not found residing at the previously known address. The respondent No.2 is served. But, she preferred not to come before this Court. 2 In view of this, practically, there is no possibility of the respondent coming before this court at this stage. On going through the contents of the application, I find that the delay in making this application deserves to be condoned. The delay stands condoned and the civil application No. 11 of 2007 stands restored. After restoration of the said civil application, issue notice to the respondent No. 2 in this civil application returnable on 21.11.2011. ( A.V. NIRGUDE, J. ) rlj/