1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6751 OF 2009 IN FIRST APPEAL ST. NO. 20254 OF 2008 The Executive Engineer, Latur ...Applicant VERSUS ishwanath s/o Sabhu Shinde, died per heirs and L.Rs. (A) Smt. Sarubai wd/o Vishwanath Shinde & ors. ...Respondents ..... Smt. Geeta Deshpande, advocate for the applicant Smt. V.A.Shinde, A.G.P. for respondent no.2 Respondent nos. 1A to 1F served – absent. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 27th November, 2009 PER COURT : 1 Perused. Heard learned A.G.P. for the applicant. Shri A.C.Bhagure, advocate for the respondents absent. 2 The applicant-original appellant/defendant no.2 has preferred the present application for condonation of delay of 135 days caused in filing the Civil Application for bringing heirs and 2 L.Rs. of deceased respondent no.1 on record. 3 Learned AGP for respondent no.2 opposed the present application for condonation of delay and submitted that present application bears no substance and same is devoid of any merits and, therefore, same be rejected. 4 Considering the contents of the application and also considering the rival submissions advanced by the learned A.G.P. for respondent no.2 , it appears that the applicant has explained the delay caused in filing the Civil Application for bringing L.R. Of deceased respondent on record satisfactorily in para nos.2 to 4 of the application and the said delay of 135 days does not appear to be deliberate, willful or intentional and hence, the same is required to be condoned and hence,same is required to be condoned in the interest of justice. 5 In the result, the Civil Application is allowed in terms of prayer clause ‘B’ thereof and delay of 135 days causing in filing the Civil Application for bringing heirs and L.Rs. Of deceased respondent on record stands condoned and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca6751.09