{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10393 OF 2009 IN SECOND APPEAL NO.167 OF 2002 Shaikh Chand s/o Shaikh Shazada APPLICANTS VERSUS Suddulah s/o Daood Saab (Died) Through LRs Gaushabegum w/o Shaikh Shaddulah & others RESPONDENTS ....... Mr. V.N.Patil h/f Mr.M.V.Deshpande, Advocate for applicant Mr. Amol Gandhi h/f Mr.U.B.Bilolikar, Advocate for respondents ....... [CORAM : A.V.POTDAR, J.] DATE: 19th March 2010 PER COURT: 1. Heard. By this application, the applicant has prayed to condone the delay of 767 days caused in bringing the LRs of the respondent on record. 2. In view Order 22 Rule 10A of the Civil Procedure Code, it is the duty of the counsel to intimate about the death of the party to the Court or to the learned counsel for other side. It {2} appears that the appeal is of the year 2002 and after the appeal came to be admitted, it is obvious that the advocates may not be in contact with their respective clients unless the appeal is taken on board for one or the other reason. Bearing in mind this legal aspect, for the grounds raised in para No.2 to 6 of the application, I am satisfied that the delay is not intentional. In the result, the application is allowed in terms of prayer clauses “A”, “B” and “C” and stands disposed of. The delay is condoned. [A.V.POTDAR, J.] drp/A10/ca10939-09 {3} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.167 OF 2002 Shaikh Chand s/o Shaikh Shazada APPLICANTS VERSUS Suddulah s/o Daood Saab (Died) Through LRs Gaushabegum w/o Shaikh Shaddulah & others RESPONDENTS ....... Mr. V.N.Patil h/f Mr.M.V.Deshpande, Advocate for applicant Mr. Amol Gandhi h/f Mr.U.B.Bilolikar, Advocate for respondents ....... [CORAM : A.V.POTDAR, J.] DATE: 19th March 2010 PER COURT: 1. By order passed in civil application No.10939/2009, the delay caused in bringing the LRs of respondent on record has been allowed by setting aside the abatement order. Consequently, the appellant to amend the title cause of the second appeal by bringing the legal heirs of respondent on record. Amendment to be carried out forthwith. Mr.Amol Gandhi, waives services for legal heirs of the respondent. [A.V.POTDAR, J.] drp/A10/ca10939-09