1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO. 9339 OF 2008. WITH CIVIL APPLICATION NO. 9338 OF 2008. IN SECOND APPEAL NO. 11 OF 1999. Moreshwar Nanaji Naik,Since deceased,through L.Rs. ...Applicants. VERSUS. Laxman Nanaji Naik,Since deceased,through L.Rs. And others. ...Respondents. Mr. Pravin P.Chavan,Advocate for applicants. Mr. V.J.Dixit,Advocate for respondent No.1 Mr. G.V.Wani,Advocate for respondent Nos.2 & 4. (CORAM : R.M.BORDE, J ) DATE : 25TH September,2009. PER COURT : 1. These are the applications for bringing on record the legal representatives of the deceased respondent No. 1, as well condonation of delay in preferring the application, so also for setting aside the abatement order. 2. Heard Shri Pravin Chavan, learned counsel appearing for the applicants. There is delay of 409 days in presenting the application for brining on record the legal representatives of the deceased respondent No.1. It is stated that advocate tried to communicate the appellants to give the instructions, for taking steps in respect of brining on record legal representatives of deceased respondent No.1, and for presenting the 2 application for the said purpose, however, the address of the appellant was changed, as such advocate could not contact him for considerable time. As such there occured delay. 3. The counsel appearing for the respondents vehemently opposed the application and contended that the legal representatives of respondent No.1 are relatives of the appellants, they were aware of the death and reason stated does not appear to be just. 4. Considering the fact that the dispute between the parties is in respect of the partition of immovable property, it would be desirable to consider the matter on its own merit. However, for the lapse committed by the applicants for approaching the court late, they shall be required to pay the costs. In this view of the matter, the applications are allowed subject to payment of costs of Rs.2000/- payable to the Bar Association Library, Aurangabad within period of three weeks from today. 5. The legal representatives of deceased respondent No. 1 are permitted to be brought on record. 6. The delay of 409 days, occurred in presenting the application stands condoned. 7. The abatement order stands set-aside. 8. Accordingly the Civil Applications are disposed of. ( R.M.BORDE, J. ) MTK/ca.9339.08 3