1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5451 OF 2009 IN CIVIL APPLICATION (ST.) NO.11119 OF 2008 IN SECOND APPEAL NO. 285 OF 1994 Govind s/o Rajaram Kale Patil (died L.Rs.) Appasaheb Govind Kale and others ...Applicants Versus Laxman Sadashiv Joshi ...Respondent ..... Mr. N.B. Namale h/f Mr. N.K. Kakade, advocate for the applicants Ms. Naaz h/f M.D. Joshi, advocate for respondent. ..... CORAM: R.G. KETKAR, J. DATED: 5TH NOVEMBER, 2009 PER COURT:- 1 Leave to amend so as to incorporate the prayer clause B-1. Amendment to be carried out forthwith. 2 This civil application is taken out for condoning the delay of 6 years, 9 months and 9 days (i.e. 2519 days), caused in filing civil application for bringing hears and legal representatives of sole respondent on record. The civil application was heard by this Court on 24.8.2009 and notices were ordered to be issued to the heirs and legal representatives of the sole respondent. The matter thereafter heard on 22.9.2009, wherein this Court recorded that though the parties were served, none appears for them. The 2 matter was adjourned for a period of two weeks to enable the respondent to contest the application. The matter was thereafter listed on 6.10.2009, when the Court granted four weeks time for filing reply. 3 Heard Ms. Naaz, learned counsel appearing for sole respondent. She has not received any instructions from heirs and legal representatives of deceased respondent Laxman Sadashiv Joshi. Office note indicates that proposed respondents are duly served. Despite service of notice, they have neither put in any appearance nor they have filed any reply in opposition to the civil application. This court has given several opportunities to the proposed respondents to file reply. Despite affording several opportunities, the proposed respondents did not avail of those opportunities. From perusal of the material on record, it appears that the applicants were not intimated about the death of sole respondent and after acquiring knowledge about the death of sole respondent, the steps for bringing heirs and legal representatives are taken by the applicants. In these circumstances, civil application deserves to be allowed. Hence, the following order. 4 Civil application is allowed in terms of prayer clause “B” and “B-1” with no order as to costs. (R.G.KETKAR, J.) rlj/