1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.281 OF 2009 IN CRAST 11601 OF 2009 Kanchanlal Chhotalal Soni (deceased) through his LRs .. Applicants -versus Kaniyalal Shivlal Soni .. Respondent V.V. Gangal, for the applicant. CORAM: MRS. MRIDULA BHATKAR, J DATED: 13t0 January, 2010 P.C. 1. The respondent though served is absent. Learned counsel for the applicants submits that the original plaintiff Kanchanlal Soni; who happened to be the father of the present applicant died on 14.12.2002. However, the applicants were not aware of the pendency of the suit and other proceedings and therefore, they did not comply and delay of 7 years is caused. Learned counsel submits that the applicants being the legal heirs of Kanchanlal; have every right to seek remedy and right to sue survive. Hence he prays that there is delay of 7 years which may be condoned. 2 2. It appears from the submissions of learned counsel that no timely steps were taken by the applicants for a long period of 7 years. However, in the interest of justice, delay of 7 years is condoned only on the payment of costs of Rs.5,000/- which is to be paid to the Legal Aid Committee; within two weeks time and if not paid then the application will be dismissed without reference to the Court. (MRS. MRIDULA BHATKAR,J)