1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 265 OF 2008 IN SECOND APPEAL NO. 701 OF 2006 Govind Rama Patil since deceased through Kusum Shantaram Gharat ........Applicant versus Kisan Rama Patil & ors........ Respondents. Mr. Rajiv L. Patil adv. for the Applicant Mr. B.G. Tangsale adv. for the respondents 1 to 4. CORAM: A. P. DESHPANDE, J. DATED : 2nd FEBRUARY, 2009. P.C.: 1. By the present application, two fold prayers are made: (1) for setting aside the order passed by this court on 23-1-2006 whereunder the appeal came to be dismissed for failure on the part of the appellant to take steps for bringing the L.Rs. of the deceased appellant no. 1 on record. It is submitted that the application for L.Rs. was filed within limitation. However not within the period allowed by this court under order dt. 23-11-2006. Admittedly the appellant no. 1 has expired on 6-10-2006 and the present application for bringing L.Rs. has been filed on 1-6-2007 i.e. within the limitation. It is obvious that the dismissal of the appeal under the conditional order dated 2 23-11-2006 would be unfaire and unjust to the appellant, as the very application for bringing L.Rs. has been filed within limitation. In the result the order dated 23-11-2006 is set aside. Appeal is restored to file. L.Rs. of the appellant no.1 be brought on record in the appeal within two weeks from today. Application is therefore allowed and disposed of. (A. P. DESHPANDE, J.)