1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 12171 OF 2009 IN WRIT PETITION NO.: 5768 0F 2009 *** Udhav S?o Shriniwasrao Pawar (Dead/ L.R.) and others Versus Pandurang S/.o Dhawji Rathod (Since dead) and others *** 1. Heard counsel for the respective parties. Applicants have moved this application for substitution of legal heirs of Respondent No.1 Pandurang. It is contended in this application that Respondent No.1 Pandurang died on 12th of January, 2007 during the pendency of the appeal before the learned Maharashtra Revenue Tribunal, Aurangabad, however, this fact was not within the knowledge of the present applicants. According to the applicants, the Respondents in this application have filed civil application No.9952 of 2009 in writ petition No.5768 of 2009 for vacating the interim relief granted on 31st August, 2009 and that is the reason or point of time when the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. applicants came to know that Respondent No.1 Pandurang died on 12th January, 2007. Apart from this, it is the ground taken by the applicants that deceased Pandurang was residing at Tanda under village Tattapur, Tq. Renapur, District Latur and present applicant Nos.1, 2 and 3 are residing at village Garsuli, Taluka Renapur. As against this, reply affidavit is filed on behalf of Respondents. Mr. Deshmukh for Respondent Nos.2 to 4 took me through para 2. In para 2, it is contended that the civil application for vacating the interim relief is filed and the same is pending. In the said application, the respondents have brought on record that Respondent No.3 has filed suit for perpetual injunction in the court of Civil Judge, Senior Division, Latur and deceased person Pandurang was party in that suit. Process server had reported that said person died. Report of the Bailiff is dated 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 25th August, 2008. Mr. Deshmukh, therefore, submits that the fact of death of Pandurang on 12th January, 2007 was well within the knowledge of the present applicants on 25th August, 2008. According to him, delay, therefore, is not properly explained and application deserves to be rejected. 2. This petition takes an exception to the judgment and order passed by the learned Maharashtra Revenue Tribunal, Aurangabad [Annexure-H, page 60]. From the copy of the judgment it appears that the judgment was delivered by the learned Maharashtra Revenue Tribunal on 27th July, 2009 and there in that proceeding deceased Pandurang was Respondent No.1. Mr. Deshmukh submits that caveat was filed on behalf of Respondent NO.1 before the learned Maharashtra Revenue Tribunal and thus deceased Pandurang was represented by the Advocate. Mr. Deshmukh fairly concedes that he was not knowing about the death of 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Pandurang on 12th January, 2007 and, therefore, this fact was not communicated to the learned Maharashtra Revenue Tribunal. 3. I have considered the submissions of the learned counsel appearing for the respective parties. It is a matter for substitution of the legal heirs. Delay, in my view, has been properly explained by the present applicants. In this view of the matter, I am inclined to condone the delay occasioned and allow this civil application. 4. Delay occurred in filing civil application for substitution of legal heirs of deceased Respondent No.1 Pandurang is condoned. Legal heirs are permitted to be brought on record. Necessary amendment to be carried out within two weeks from today. Civil application accordingly is allowed and disposed of. [S.B.DESHMUKH, J.] Dated:15/01/2010. ans/12171