1 Civil Appln. No.1359.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1359 OF 2010 IN FIRST APPEAL NO.1585 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.B.R.Surwase,Advocate for Applicant. Shri.T.S.Lodhe,AGP for Respondent-State. .... CORAM: K.K. TATED, J. DATE : 13th DECEMBER,2010. PER COURT : 1. Heard. 2. Present Civil Application is preferred by the applicant-Acquiring Body for bringing Legal Representatives of deceased respondent No. 2. The legal Representatives of respondent No.2 are duly served, but no one appeared on their behalf when the matter was called out. 3. Mr. Survase, learned counsel appearing for applicant submits that 2 Civil Appln. No.1359.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders respondent No.2 died on 03rd February, 2003, during the pendency of Land Acquisition Reference. He further submits that Reference Court decided the matter on 18th February, 2008. 4. They filed present Appeal in this Court on 16th November, 2008 on the basis of cause title of Judgment and Award passed by the Reference Court. He further submits that there was delay in preferring the Appeal. Therefore, they preferred Civil Application for condonation of delay. This Court (CORAM: K.U.CHANDIWAL, J.) by order dated 29th June, 2009 issued notice to the respective respondents. They learnt about death of respondent No.2 for first time on 17th December, 2009. Thereafter, they tried to find out the names and address of the legal representatives. He submits that concerned officer took some time to find out the names and address of the legal representatives of the deceased respondent No.2. He further submits that the delay is not intentional but for want of knowledge of death of respondent No.2. 3 Civil Appln. No.1359.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 5. Considering the explanation given in para No.7 for condonation of delay in preferring the present Civil Application, the application is allowed. The Delay is condoned. The applicant is permitted to bring on record the legal representatives/heirs of deceased respondent No.2. . The Civil Application is already dismissed against the respondent No.2(iv) Jalil S/o Usmanmiya Deshmukh as per order dated 23rd April, 2010. . The Civil Application is disposed of accordingly. Sd/- [K.K. TATED, J.] MTK