FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9735 OF 2009 IN FIRST APPEAL NO. 252 OF 1994 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 3242 days caused in filing application for bringing legal heirs and representatives of deceased Gopalkirshna Talnikar, on record. Heard Shri Chaudhari, learned counsel for the applicant and Shri Bagul, learned counsel for respondent No.2. In the application, it is averred that on account of permanent disability caused to Gopalkirshna (since deceased), a claim petition was filed before the M.A.C.T. Jalna. By judgment and award dated 25.9.1998, as against claim of Rs.2,00,000/- compensation was paid to the tune of Rs.26,000/-. Against that judgment and award, first appeal is preferred. Pending the appeal, the appellant Gopalkrishna Talnikar died on 24.7.2000 leaving behind widow Smt. Shailaja, a daughter and two sons. In paragraph 5, it is averred that applicant No.1 is aged about 75 years and applicant No.2 is daughter doing household work. Counsel for the applicant submits that applicant No.3 Anil is residing in California, America and applicant No.4 Abhay is serving as a Law Officer and residing at Pune. Though the delay is not satisfactorily explained, considering the controversy raised in the appeal, in my opinion, delay deserves to be condoned in the interest of justice. Hence, civil application No. 9735 of 2009 is allowed in terms of prayer clause “B” with no order as to costs. (R.G. KETKAR, J.) Date:15.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9736 OF 2009 IN FIRST APPEAL NO. 252 OF 1994 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Leave to amend. Amendment to be carried out within four weeks from today. Heard Shri Chaudhari, learned counsel for the applicant and Shri Bagul, learned counsel for respondent No.2. This application is for bringing L.Rs. of deceased Gopalkrishna on record and setting aside the abatement. In paragraph 5, it is averred that the applicant No.3 Anil left India and is residing in California, America and it was difficult to get his Vakalatnama. The applicant No.4 Abhay, another son, is staying at Pune and it was difficult to bring his signature on Vakalatnama, which resulted in delay in filing the application. Today, by separate order, I have allowed civil application No. 9735 of 2009 taken out for condonation of delay. For the reasons recorded in civil application No. 9735 of 2009, this application deserves to be allowed. Hence, civil application is allowed in terms of prayer clause ”B” with no order as to costs. (R.G. KETKAR, J.) Date:15.12.2009. rlj/