1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3960 OF 2010 IN CIVIL REVISION APPLICATION ST. NO. 7361 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.S. SHINDE, J. DATED : 27.09.2010 Mr. J.H. Deshmukh, Advocate for the applicants. Mr. N.R. Pawade, Advocate for respondent No.1. Mr. A.G. Ansari h/f. Mr. Mujtaba G. Mustafa, Advocate for respondent No.2. 1. Heard learned Counsel appearing for the applicants and perused contents of the application. Heard learned Counsel appearing for the respondents and perused contents of the affidavit-in-reply. Learned Counsel appearing for the applicants invited my attention to paras 4,5 and 6 of the application to contend that original plaintiff Shaikh Mahemooduddin Aminuddin died on 23rd May, 2009. The judgment under challenge in this Civil Revision Application is pronounced by 2 the Court below on 30th March, 2009. Since the original plaintiff is died, it took some time in filing Civil Revision Application. Counsel appearing for the applicant, across the bar tendered copy of death certificate of Shaikh Mahemooduddin Aminuddin. Said copy is taken on record and marked "X" for identification purpose. 2. Learned Counsel appearing for respondent No.1 submitted that day-to- day delay has not been explained and there is no date mentioned in para 4 of the application for condonation of delay that Shaikh Mahemooduddin Aminuddin died on particular date. 3. After hearing learned Counsel appearing for the applicants and learned Counsel appearing for the respondents and in the light of averments in para 4 of the application for condonation of delay as well as copy of death certificate of Shaikh Mahemooduddin Aminuddin produced on record, I am of the opinion that the delay deserves to be condoned and hence the application for condonation of 3 delay is allowed in terms of prayer clauses (A) & (B) and disposed of. 4. Registry to place Civil Revision Application for admission in due course. [S.S. SHINDE,J.] snk/2010/SEP10/ca3960.10