( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9017 OF 2009 IN SECOND APPEAL NO. 214 OF 2005 Mohammad Yusuf Mohammad Yakub APPLICANT VERSUS Shantilal Gangaprasad Agrawal Since deceased, by L.Rs. Smt. Godavaribai w/o Shantilal Agrawal and others. RESPONDENTS ..... Smt. Savita G. Mapari, advocate holding for Mr. P.R. Katneshwarkar, advocate for the applicant. Mr. D.R. Shelke, advocate for the respondent No. 1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 24th November, 2009] PER COURT : 1. This is an application for condonation of delay and for setting aside abatement and leave to substitute the legal representatives of respondent No. 1 Shantilal who died on 23rd June, 2007. 2. Heard learned counsel. 3. There is delay of 698 days in filing of the civil application. ( 2 ) 4. The applicant would submit that the death of respondent No.1 Shantilal was not informed as required under Order-XXII Rule-10A of the Civil Procedure Code. It is further submitted that the applicant came to know about the death at a subsequent stage and, therefore, attempted to collect the death certificate from the competent authority. It was, however, gathered that there was no registration of date of death with the Municipal Council, Basmathnagar. Due to such reasons, the delay took place. 5. No reply is filed. Heard learned counsel for the parties. 6. It appears that the death of the respondent No. 1 may not be known to the applicants because they are members of different religions. The applicant is the original plaintiff. Considering the fact that the applicant was not likely to gain anything from the delay and the death was not contemplated, I deem it proper to condone the delay and allow the substitution of the legal representatives of the deceased respondent No.1. However, it may be gathered that the appellant had source of knowledge about the death of respondent No. 1 ( 3 ) because they are inhabitants of houses, which are situated in the proximity of each other. 7. Considering the foregoing reasons, the application is allowed subject to cost of Rs. 1500/-. If the cost is paid within two weeks, the delay stands condoned, the abatement would be deemed as set aside and the legal representatives be taken on record. If the cost is not deposited, the application will be dismissed and the appeal will be deemed as dismissed as against respondent No.1. [ V.R. KINGAONKAR ] JUDGE NPJ/ca9017-09