THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION NO.1854 OF 2009 ORDER: 1 Petitioners herein are the legal representatives of Mohd. Yakoob Ali who instituted a suit in O.S.No.4 of 2001 on the file of the court below. As the said Yakoob Ali died the petitioners filed an application before the court below to bring them on record as the legal representatives of said Yakoob Ali and as there was a delay of about 272 days in filing the said application, they filed the present application i.e. I.A.No.460 of 2007 to condone the said delay. However, the court below dismissed the said application by order dated 09.05.2008, which is impugned in this revision. 2 This court while ordering notice before admission, granted interim stay of all further proceedings. Though notices are served on the respondent, he did not put in appearance either in person or through advocate. 3 Heard. 4 There is no dispute about the relationship of the petitioners with the original plaintiff i.e. late Mohd. Yakoob Ali. The reason as stated by the petitioners is that late Mohd. Yakoob Ali instituted several suits viz., O.S.No.4 of 2001 i.e. present suit, O.S.No.17 of 1995 which is a suit for perpetual injunction against the defendants therein, and similarly another suit O.S.No.46 of 1997 was instituted against the said late Mohd. Yakoob Ali for specific performance of agreement of sale. The said suits i.e. O.S.No.17 of 1995 and O.S.46 of 1997 were disposed of by a common judgment dated 22.06.2007 and as the petitioners were not aware of the present proceedings, they could not immediately file the said application to bring them on record as the legal representatives of the said Yakoob Ali. 5 In my considered view, the said explanation appears to be correct. Further, it should be remembered that this is a suit for injunction simplicitor and by condoning the said delay and bringing the petitioners as legal representatives of the deceased Yakoob Ali, no great prejudice is going to be caused to the respondent. 6 Accordingly, this revision is allowed and the delay of 272 days in filing the application to bring the petitioners on record as legal representatives of the deceased plaintiff Mohd. Yakoob Ali is condoned by setting aside the order dated 09.05.2008 impugned in this revision. The court below is directed to take up the petition filed by the petitioners to bring them as legal representatives of the deceased plaintiff Yakoob Ali and pass appropriate orders thereon in accordance with law. No order as to costs. --------------- 04.08.2010 Kvsn