FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.4352 OF 2008 IN CIVIL APPLICATION ST. NO.6083 OF 2008 IN SECOND APPEAL NO.568 OF 1991 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is for condonation of delay of 709 days caused in filing civil application St. No.6083 of 2008 for bringing heirs and legal representatives of deceased sole respondent on record. The sole respondent died on 8th January, 2006. On 11th August, 2006 the learned Advocate for the respondent gave information about said fact to the Registry and copy thereof was given to the learned Advocate for the applicants. However, no steps were taken and the appeal abated. This was recorded in the order dated 13th September, 2007. The present application is taken out on 11th March, 2008. In the application it is averred that the applicants approached the Gram Panchayat, Ankoli for getting copy of the death certificate as also the details of the heirs and legal representatives of the sole respondent for the purpose of filing civil application in this court. They even applied under Right to Information Act for obtaining this information. However, they could not get the information from the said Gram Panchayat. 2 Though, I am not satisfied with the explanation given in support of this application, inasmuch as the information was supplied to the applicants as far back as on 11th August, 2006, no steps were taken at least from that date for filing civil application. The application was eventually filed on 11th March, 2008. 3 On merits, it is submitted that the respondent has instituted the suit for specific performance of agreement dated 25th September, 1998. The trial Court dismissed the suit and ordered refund of earnest money. Against this order, the respondent preferred an appeal before the learned District Judge. The learned District Judge allowed the appeal and directed the applicants herein to execute sale deed on the respondent depositing Rs.11,500/- within one month from the date of order. The learned Counsel for legal representatives of original respondent submits that the respondent has deposited Rs.11,500/- within the stipulated period. From perusal of the order passed by the learned District Judge, it is apparent that the respondent – plaintiff is in possession of the suit land. 4 Considering this fact as also considering the fact that the respondent has deposited Rs.11,500/- in the District Court, in my opinion, interest of justice will be served by condoning the delay on applicants paying Rs.2000/- to the respondent within 4 weeks from today. 5 Hence, civil application is allowed in terms of prayer clause (B) of the application subject to payment of costs of Rs.2000/- by the applicants to the respondent within four weeks from today. If the amount of Rs.2000/- is not paid to the respondent within the stipulated period, the civil application shall stand dismissed without further reference to the court. (R.G. KETKAR, J.) 04.12.2009. PLK/*