( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9347 OF 2009 IN FIRST APPEAL NO. 363 OF 1999 Dhondiba Khandaba Shelke Since deceased, by L.Rs. Indirabai w/o Dhondiba Shelke and others. APPLICANTS VERSUS The State of Maharashtra RESPONDENT ..... Miss Rashmi P. Hardas, advocate holding for Mr. C.R. Deshpande, advocate for the applicants. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd November, 2009] PER COURT : 1. Heard. 2. The application is for substitution of the legal representatives of deceased appellant in his place. The applicants (legal representatives) also seek condonation of delay and setting aside of the abatement of the appeal. According to the applicants, they are ( 2 ) illiterate agriculturists and had no knowledge about the pending litigation. They came to know about the pendency of the first appeal filed by deceased appellant – Dhondiba, somewhere in the month of February, 2009. So, they made inquiry and contacted the learned advocate at Aurangabad. At that time, they came to know about the requirement to file the application for substitution, condonation of delay and setting aside of the abatement. 3. No reply is filed. The application is not resisted. 4. The reasons stated in the application are acceptable as the same have not been controverted. It appears that deceased appellant Dhondiba preferred the first appeal due to the dis-satisfaction on account of less amount awarded in the Land Acquisition Reference case. 5. Considering the reasons stated in the application, which are acceptable, the delay is condoned. The abatement of the appeal is set aside. The ( 3 ) applicants be substituted as legal representatives of the deceased appellant. The application is accordingly allowed. [ V.R. KINGAONKAR ] JUDGE NPJ/ca9347-09