1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 763 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLN. NO.: 763 OF 2011 IN WRIT PETITION NO.: 3436 OF 1997 AND CIVIL APPLN. NO.: [Blank] OF 2011 IN WRIT PETITION NO.: 3436 OF 1997 *** 1. These civil applications are for condonation of delay in moving an application for bringing legal representatives of deceased Petitioner and for bringing the legal representatives on record. The petitioner is reported to have expired on 26th October, 2008 and application is moved on 23rd October, 2010. According to learned counsel, there is delay of 1 years 272 days. 2. Advocate Shri Shivraj Kadu points out that the application shows non-application of mind because in para 4, 5 and prayer (A) the delay has not been specifically mentioned. According to him, there are no just and sufficient reasons to condone the delay. 3. The office note shows that delay is of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 763 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2,642 days. However, when death is on 26th October, 2008 there appears to be some error in that calculation. 3. I have perused the affidavit filed along with both the applications. The cause of action survives and petition has been admitted for final hearing in 1997. I, therefore, do not find any malafides in the matter. Hence, delay is condoned subject to applicant/ legal representatives of the deceased petitioner paying costs of Rs. 1,000/- to the Respondent. Necessary amendment to bring on record the legal representatives of deceased petitioner be taken by 14th February, 2011. Both the civil applications are disposed of, in above terms. [B.P.DHARMADHIKARI, J.] Dated:31/01/2011. ans/763