1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.6105 of 2008 In First Appeal No.718 of 2004 The State of Maharashtra Applicant Vs. Smt.Chindhibai Ganpat Thakur since deceased through her LRs & ors. Respondents Ms.G.P.Mulekar for applicant. Mr.Rahul Thakur for respondents. CORAM: B.H.MARLAPALLE & RAVI K.DESHPANDE,JJ. April 2, 2009. P.C. 1. Heard Ms.Mulekar, the learned AGP for the applicant. Mr.Rahul Thakur appears for the respondents. By this application the State prays for bringing the LRs of the original respondent no.2 on record and it is conceded that the application has been filed beyond time by 11 years. 2. A copy of the death certificate issued by the Village Panchayat, Owe in Taluka Panvel indicates that original respondent no.2 i.e. Bhagubai Manglya Dalvi died on 15/9/1997 i.e. after LAR No.124 of 1989 was decided and before the appeal was filed by the State. 2 3. Mr.Thakur, the learned counsel for the respondents states that when delay caused in filing the appeal was condoned, inadvertently it could not be brought to his notice by the claimants that the original respondent no.2 was no more and, therefore, necessary steps could not be taken. He has supported this application to bring the LRs of respondent no.2 on record. 4. Hence delay condoned and the application is allowed in terms of prayer clauses (c) and (d). 5. Names of Mr.Lele as well as Mr.Patil as appearing for respondents be deleted from all earlier orders. (RAVI K. DESHPANDE,J.) (B.H.MARLAPALLE,J.)