1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (C) No. 86 of 2011 IN Civil Revision Application No. 13 of 2008 Gopal s/o Sambhaji Samarth V/s. Mukundrao s/o Mahadeo Gedam ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Mr. S. Choudhary, learned Advocate h/f Anand Parchure, Advocate for the Applicant. Mr. R. A. Gupte, Advocate for sole-respondent CORAM : R. K.DESHPANDE, J. DATE : 17th NOVEMBER, 2011. This is an application for condonation of 449 days delay caused in bringing LR's of the sole-applicant on record. In paragraph '2' and '3' of the Civil Application, the reasons have been given for the delay caused in filing the application. The paragraphs are, therefore, reproduced below. “2. It is submitted that the Applicant Gopal Sambhaji Samarth has left for heavenly abode on 20.04.2011 leaving behind him the applicants as his legal heirs. It is submitted that the applicants were not aware of the 2 pendency of the instant petition, nor were they aware that the legal heirs of the deceased petitioner are required to be brought on record. The applicants were unaware of the niceties of law. 3. It is submitted that the Applicants (proposed Legal Representatives), however received a letter and telegram from the office of the Counsel for the Applicant addressed to the deceased Gopal Samarth about the listing of the Revision Application before this Hon'ble Court. The Applicants thus got knowledge for the first time of the above fact. The Applicants then contacted and came to know about the matter. It is submitted that the present counsel had then informed the present applicants that the names of all the legal heirs of the deceased petitioner would be required to be brought on record.” In paragraph '2' of the reply, the stand is taken that there is no sufficient cause made out for condonation of delay. The applicant expired on 20/04/2010. The matter was on the board of final hearing since 2010 and, in spite of bringing the fact of the death of the applicant to the counsel, no steps are taken to bring the LR's on record. Hence, the applicants are not diligent in prosecuting the 3 present matter. In paragraph '3', specific averment is made that the applicants received a letter and telegram from the counsel about listing of Revision Application, when for the first time they got the knowledge of the pendency of the litigation. This fact is not disputed. In view of this, I find that sufficient cause has been made out for condonation of delay. Hence, the delay of 449 days caused is condoned. Civil Application (C) No. 87/2011 This is an application for bringing LR's of the applicant on record. The names of the LR's are stated in paragraph '3' of the application. For the reasons stated in the application, the application is allowed. The names of the LR's of the applicant be brought on record. Necessary amendment be carried out within a period of three weeks. JUDGE Punde