1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.5668 OF 2009 IN WRIT PETITION NO.3828 OF 1996 The Divisional Controller, M.S.R.T.C., Nanded and another ... APPLICANTS VERSUS Late Vyankatesh s/o Ganpatrao Hingole, through legal heirs Rupabai wd/o Vyankat Hingole & others RESPONDENTS ..... Shri V.S. Yadav, Advocate holding for Shri M.K. Goyanka, Advocate for the applicants Shri Manoj Shinde, Advocate holding for Shri S.D. Agrawal, Advocate for respondents ..... CORAM : S.P. DAVARE, J. DATED : 23rd June, 2009. ORAL ORDER : 1. Perused. 2 2. The applicants have preferred the present Civil Application requesting to condone the delay of about 39 days for bringing the heirs and legal representatives of deceased respondent on record and also requested to grant the permission to bring the heirs and legal representatives of deceased respondent in title clause and in paragraph No.1 on the record of Writ Petition No.3828/1996. 3. It is the contention of the applicants/ petitioners that the petitioners have filed Writ Petition No.3828/1996 against the deceased respondent, who expired on 5.2.2009. The fact of death of the respondent came to the knowledge of the applicants through Traffic Inspector Mr. Jadhav. Accordingly, the death certificate of the respondent was obtained and xerox copy of the same is annexed along with present application. Moreover, the particulars of the heirs and legal representatives of deceased respondent are also obtained and same are mentioned in paragraph No.1 of the application. 4. The applicants submit that, the knowledge of death of respondent was received by the applicants at the belated stage and, therefore, delay of 39 days occurred in preferring the application for bringing heirs and legal representatives of deceased respondent on record. The applicants submit that the applicants have preferred the present Civil Application diligently and requested that the same be allowed in the interest of justice. 3 5. Heard learned counsel for the parties. 6. Considering the rival submissions, at the outset, the applicants have produced the death certificate of the respondent which discloses that the respondent expired on 5.2.2009 and, therefore, the fact of death of respondent is confirmed by the said death certificate. 7. As regards the delay caused in preferring the present application, the applicants have stated that the applicants got knowledge of the death of the respondent at the belated stage and the source thereof was Traffic Inspector namely Mr. Jadhav. Thereafter the applicants obtained the death certificate of the respondent as well as obtained the particulars of the heirs of the deceased respondent and preferred the present application. Hence, the interest of justice requires that delay of 39 days caused in preferring the present application is required to be condoned. 8. Besides that, the right to sue survives and continues in the heirs and legal representatives of the deceased respondent and the said heirs and legal representatives of the deceased respondent as shown in para no.1 of the application, are required to be brought on record. 9. In the result, the present Civil Application is allowed in terms of prayer clauses (B) and (C) thereof and delay of 39 days caused in filing 4 application for bringing heirs and legal Representatives of deceased respondent on record as mentioned in para No.1 of the present application is condoned. The heirs and legal representatives of deceased respondent as mentioned in para no.1 of the present application be brought on record of Writ Petition No.3828/1996. Present Civil Application stands disposed of accordingly. (S.P. DAVARE, J.) fmp/ca5668.09