1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1721 OF 2007 IN FIRST APPEAL NO. 481 OF 1989 The State of Maharashtra ........Applicant/Appellant versus Balchandra T. Patil & ors........ Respondents. Mrs. S.p. Manchekar AGP for the Applicant/appellant Mr. K.N. Kore adv. for the respondents 2 to 5. CORAM: A. P. DESHPANDE, J. DATED : 25th FEBRUARY, 2009. P.C.: 1. This is an application moved by the State of Maharashtra for bringing the L.rs. of the deceased respondent no.1. The learned counsel appearing for the applicant/appellant submits that though the respondent no.1 had expired on 1-9- 1989 the applicant/appellant had no knowledge about his death. It is stated that for the first time on 29-3-2006 the applicant came to know about the death of the respondent no.1. Hence the present application came to be filed. The appellant questions the correctness of the award passed by the reference court under the provisions of land acquisition act enhancing the compensation. The learned counsel for the respondent submits that there is a delay in filing of the application and the respondent 2 as such need to be compensated by payment of costs. As the State Government itself came to know about the death in March 2006, no fault can be found with the applicant in moving the application belatedly. In the interest of justice the application is allowed. The L.Rs. of respondent no.1 be brought on record. Delay in filing the application is condoned. Abatement stands set aside. Amendment to be carried out in the appeal memo within two weeks from today. Application is thus allowed and disposed of. The matter be listed for final hearing in the week commencing from 16th March 2009. (A. P. DESHPANDE, J.)