1 ca4404.05 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4404 OF 2005 WITH CIVIL APPLICATION NO. 4405 OF 2005. _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ CORAM : B.P. DHARMADHIKARI, J. DATE : 29TH MARCH, 2011 1. Heard Mr. Vijay Deshmukh holding for Senior Advocate Mr. V.J.Dixit for applicants and Advocate Mr. A.B. Bhakad for legal heirs of Respondent no.1A. 2. Prayer is to condone the delay of 1849 days in brining legal heirs of respondent nos. 1 and 2 and to permit substitution accordingly. It is pointed out that as the parties are old and are residing else where therefore the death did not come within their knowledge immediately and steps have been taken after the knowledge. Learned Counsel for respondents contends that allegations in this respect are vague and delay is huge. 2 ca4404.05 3. Though the respondent no.1 has expired his son Gulab is on record as respondent no.1A. 4. I do not see any malafides on the part of applicants in moving this application. Petition is of the year 1996. Hence, subject to cost of Rs. 1000/- to the proposed legal heirs through Advocate Mr. Bhakad, both applications are allowed. Necessary amendment be carried out by 18th April, 2011. Advocate Mr. Bhakad waives notice for added legal heirs. (B.P. DHARMADHIKARI) JUDGE gas/ca4404.05