1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6243 OF 2008 IN FIRST APPEAL NO.11074 OF 1995 Mr.Goma Kanu Bhopi (deceased) .... Applicants (thru’ Legal Heirs) Vs. Ramesh Jayantilal Bhat Ors. .... Respondents Ms. Anita Patil h/f Mr.P.G. Lad, Advocate for appellants. None for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 29th June, 2009 P.C. 1. The applicants being heirs and legal representatives of original appellant file the present application for condonation of delay of 11 years and 76 days in bringing themselves on record. At paragraph 4 of the application, they claim that they were not aware of the proceedings. The appellant died in the year 1996. The applicants claim to have learnt about the present appeal only when in the Darkhast proceedings one Mr.Vaishnav Puri and Mr.Tushar Mehta made an application stating that they have purchased the property from the respondent-judgment debtor and should be allowed to defend Darkhast proceedings. The applicants do not specify either the date of the Darkhast proceedings or the date of the application made by the purchaser. On a query from the Court, Ms.Anita Patil, the learned counsel for the applicants states that the darkhast proceedings were filed in the year 1995 and the application made by the purchaser is 2 dated 3rd January 2007. The present application is filed on 1st December 2008 i.e. about one year after filing of the application by the purchasers. Since the darkhast proceedings were already filed against the appellant, it is difficult to believe that after his death, the applicants did not come to know about the present proceedings. The appeal herein was dismissed as having been abated on 17th June 1997. The applicants have failed to make out any reason much- less satisfactory for condonation of such long delay. Hence, the application is dismissed. (Smt.R.P.SondurBaldota,J)