1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 247 OF 2008. 1. KAWADOO DINAJI BHANDEKAR . HANUMAN WARD, GADCHIROLI .. Petitioner/s VERSUS 1. ARVIND SITARAM BANBALE . VISAPUR, DIST. GADCHIROLI .. Respondent/s ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri M. A. Bapat Adv for appellant. CORAM: C. L. PANGARKAR J. DATED: 5 th AUGUST, 2009. Heard counsel for the appellant and the respondent. These applications have been filed for 2 condonation of delay, substitution of legal representatives of the appellant and for setting aside abatement. The appellant is said to have died on 05.08.2008 and the application for substitution of legal representatives has been filed on 06.12.2008. It is stated by the appellant that the legal representatives could not be brought on record immediately because of the fact that legal representatives did not know that such proceedings were pending before the Court. Learned counsel for the respondent submits that the fact is not correct. In fact legal representative No.2 was very appearing in this suit in the Court. It may be that legal representative No.2 may be appearing but then the application further discloses that the said legal representative No.2 was ailing for some time and therefore could not file application within time. In the circumstances all applications are allowed. Delay is condoned subject to payment of Rs. 1000/- within a period of 4 weeks. 3 Legal representatives be brought on record. Abatement is set aside. S. O. to 02.09.2009. JUDGE svk