(1) CA. 4231.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4231 OF 2009 IN CIVIL APPLICATION (ST.) NO. 25247 OF 2008 IN SECOND APPEAL NO. 1181 OF 2004 Bhujanga S/o Iraba-died through LRS. and ors. .. Applicants Versus Smt. Bhagirathbai w/o Mariba and anr. .. Respondents WITH CIVIL APPLICATION (ST.) NO. 25247 OF 2008 IN SECOND APPEAL NO. 1181 OF 2004 Bhujanga S/o Iraba-died through LRS. and ors. .. Applicants Versus Smt. Bhagirathbai w/o Mariba and anr. .. Respondents Mr. Padmakar Deshmukh, Advocate for the applicants Smt. S.M. Bidve, Advocate h/f. Mr. P.R. Katneshwarkar, Advocate for the respondents CORAM : A.V. NIRGUDE, J. DATED : 28TH JULY, 2009 P.C.:- 1] Civil application no. 4231 of 2009 seeks condonation of delay of 1130 days in filing the civil application [CA (st) no. 25247 of 2008], for (2) CA. 4231.2009 bringing the legal representatives of the deceased sole appellant on record. The respondents though served, have not filed any reply to oppose the application. 2] The appeal deserves to be heard on merits rather than get abated due to the death of the appellant. The delay stands condoned. The abatement is set aside. Civil application (st.) no. 25247 of 2008, for bringing the legal representatives on record, is also allowed. Amendment be effected in two weeks and the amended copy of the appeal memo shall be served within one week thereafter, on the respondents. 3] Both the civil applications stand disposed of accordingly. Sd/- (A.V. NIRGUDE, J.) arp