2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9755 OF 2009 IN SECOND APPEAL NO. 914 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 26.03.2010 1. Heard Adv. Shri Dhananjay Deshpande for the applicants and Adv. Shri Khande h/f. Adv. Shri M.P. Kale for respondent Nos. 2A to 2C. 2. This is an application for condonation of delay of 134 days in bringing legal representatives of respondent Nos. 2 on record and also for setting aside abatment and permission to bring legal representatives on record. Respondent No.2 expired on 23.12.2008. It is stated in the application that the applicants were not aware of the death, but it is respondent No.1 who pointed out in reply affidavit that respondent No.2 was no more and thereafter the 2 advocate informed the applicants. The applicants made further enquiries, obtained death certificate and filed this application. 3. For the reasons given in application paras 3 and 4, in my opinion, the delay deserves to be condoned. Hence, the application allowed; delay condoned and abatment set aside. The legal representatives of respondent No.2 are allowed to be brought on record. 4. The Civil Application accordingly disposed of. [P.R. BORKAR,J.] snk/2010/MAR10/ca9755.09