{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12351 OF 2011 IN SECOND APPEAL NO.841 OF 2006 Shankarlal alias Srinivas s/o Hariprashad Kabra Applicant Versus Satyanarayan s/o Kanhyalal Kabra & others Respondents Mr.B.A.Darak, advocate for the applicant. Mr.S.N.Janakwade, advocate holding for Mr.P.R.Katneshwarkar, advocate for respondent no.1. CORAM : S.S.SHINDE, J. DATE : 30 th November, 2011 PER COURT: Heard learned Counsel for the applicant and learned Counsel for respondent no.1. Though other respondents are served, none appears for them. Learned Counsel for the applicant invited my attention to para 4 of the application and points out that first time on 21.09.2011, advocate for respondent no.7 informed that respondent 7 had expired and, therefore, earlier no steps could be taken by the appellant to bring on record legal heirs of deceased respondent no. 7. Learned Counsel invited my attention to the provisions of Order XXII Rule 10-A of the Code of Civil Procedure and submits that delay deserves to be condoned. {2} Upon hearing learned Counsel for the parties and upon perusal of averments made in paras 3 and 4 of the application, I find that delay occurred in filing the application for bringing legal heirs of deceased respondent no.7 on record deserves to be condoned. Accordingly, Civil Application is allowed in terms of prayer clauses (B), (C) and (D) and disposed of. Necessary amendment to be carried out within three weeks from today. S.S.SHINDE JUDGE adb/ca1235111