1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.S. No.824/2009 in Second Appeal No.301/1994 ( Rajeshwar Chandure +1 ..V/s.. Gunwant Chandure +1 ) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Mr. R.R. Deshpande, counsel for the appellants. C ORAM : F.M. REIS, J. DATED : 8th January, 2010. This is an application for condonation of delay of 830 days in filing an application to bring the legal representatives of the deceased respondent no.2 on record. It is the contention of the appellants that the respondent no.2 expired on 6/5/2007 and though necessary information was given by the appellants to their counsel who was representing them before the trial Court, no steps for bringing the legal representatives on record were taken in the above appeal. It is further their contention that only when the second appeal came for hearing on the weekly board dated 10th of August 2009, the counsel appearing for the appellants in the above appeal was informed about the death of the respondent no.2. Immediately thereafter steps were taken for bringing the legal representatives of the respondent no.2 on record and an application was filed on 27th of August 2009 which is supported by an affidavit. The respondents as well as the legal representatives of the 2 said deceased respondent no.2 remained absent nor filed any reply opposing the contentions in the above application. As such the statements made in the said application for condonation of delay stands uncontroverted. From perusal of the said application, it appears that the appellants' counsel came to know about the death of the respondent no.2 on 10th of August 2009 and that there is a lapse on the part of the counsel appearing before the Trial Court in not informing the counsel appearing for the appellant to take the necessary steps in bringing the legal representatives on record. Considering the facts of the above case and as there is no deliberate delay on the part of the applicant in filing the application for bring legal representatives on record, ends of justice demands that the delay in filing the application for bringing legal representatives on record is to be granted subject to payment of some costs by the appellant. In view of the above, the delay in filing the application to bring the legal representatives of the respondent no.2 on record is allowed subject to payment of costs of Rs.750/- by the appellants to the High Court Legal Aid Services Sub- Committee, Nagpur within three weeks. Civil application stands disposed of. C.A.S.823/2009. This is an application to set aside the abatement of the appeal in view of the death of the respondent no.2. By the order of this Court the delay in filing the application to bring the legal representatives on record has been allowed. As such the abatement is set aside. In view of the above the application dated 27th of August 2009 to set aside the abatement is granted. Application stands disposed of. 3 C.A.S.825/2009. This is an application to bring the legal representatives of deceased respondent no.2 on record. By the order of this Court the delay in filing the application to bring the legal representatives on record as well as application to set aside the abatement have been granted. As the right to sue survives, the application to bring the legal representatives on record is allowed. The legal representatives as referred to at para two of the application are to be brought on record. Necessary amendment to that effect be carried out. Application stands disposed of. JUDGE. Tambaskar.