1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application O No.784 of 2011 IN Misc.Civil Application St No. 8244/2011 in Second Appeal no 386 of 1995(Dismissed) Indu wd/o Chandrakant Golhar and others. -Versus- Gangabai Kanailal Umre and Others. Office Notes, Office Memoranda of Coram, appearances, Court's or Judge's orders Court's orders of directions and Registrar's orders Mr. S.S. Tambulkakr, Adv. for the applicants. Ms. M.M.Ghatode, Adv. for respondent no.4. CORAM : A.B. CHAUDHARI, J. DATE : 04.08. 2011 . There is a delay of 2 years and 137 days for filing application for bringing legal representatives of the appellant on record. Heard. For the reasons stated in the application, though opposed by learned counsel for the respondent no.4, I am inclined to allow this application in view of the fact that second appeal is of the year 1995 and was admitted in the year 1995 for final hearing. It came to be dismissed in default since the appellant Chandrakant expired and his legal heirs were not brought on record. Hence, the delay of 2 years and 137 days is condoned. Civil application is allowed but subject to cost of Rs.1000/- to be payable to the counsel for the respondent no.4. 2 CAO 785/2011 Prayer for setting aside abatement and is allowed. Prayer for bringing Lrs of appellant on record is allowed. Lrs be brought on record within two weeks. MCA 8244/2011 Heard. For the reasons stated in the application, this MCA no. 8244/11 is allowed. Second appeal no. 386/1995 is restored. Office to proceed. JUDGE Hirekhan