1 C.A.NO. 13287/2008. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.13287 OF 2008 IN SECOND APPEAL NO.252 OF 2001. Govindrao s/o Madhavrao @ Panditrao Deshpande, died through L.Rs. 1-A. Ashok s/o Govindrao Deshpande & others. ...Applicants. VERSUS 1. Narayan s/o Malharrao Deshpande & another. ...Respondents. ... Mr.S.V.Chandole,Advocate, h/f Mr.S.V.Kurundkar, Advocate for the applicants. Mr.S.V.Kulkarni, Advocate, for the respondent Nos. 1 & 2. ... CORAM: A.V.NIRGUDE,J. Date : 24th August, 2009. COURT’S ORDER: 1. This application for bringing legal heirs and representatives of the appellant, is 2 C.A.NO. 13287/2008. moved rather belatedly in 2008 though the appellant died in the year 2004. The appellant was survived by his wife and children, but before the application could be moved, even his wife died. 2. The respondent No.1 opposed this application saying that the delay is unpardonable. 3. I think having regard to the fact that appeal was admitted long back in 2001 and is still pending. The proposed appellants should be given an opportunity to pursue the appeal, of course this indulgence should be conditional.The appellants should be directed to pay costs of Rs. 2000/- (Rs.Two Thousand only), to the respondent No.1. 4. The application is allowed as prayed for on condition that the newly added appellants shall pay costs of Rs.2000/- (Rs.Two Thousand only) to the respondent No.1 on or before 11th September, 2009. If the costs is not deposited on or the date mentioned above, the appeal shall stand dismissed as abated without further reference to the Court. (A.V.NIRGUDE,J.) lkp