(1) CA. 4106.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICAITON NO. 4106 OF 2007 IN SECOND APPEAL NO. 163 OF 2004 Laxman S/o Naga Koneri through LRs. and others .. Applicants VERSUS Nagoba S/o Rajarab Potdar died through LRs. and others .. Respondents Mr. R.N. Bharaswadkar, Advocate h/f. Mr. Milind M. Patil, Advocate for the applicants/appellants Mr. V.C. Solshe, Advocate for the respondents ... CORAM : A.V. NIRGUDE, J. DATED : 29TH JANUARY, 2010 P.C.:- 1] Heard. The application is filed for bringing the legal heirs of respondent no.1 who died in 1993 and for seeking condonation of delay in making such application. The delay is of more than 4000 days. 2] Having heard the factual background of the case, I realise that the respondent no.1 who was the plaintiff in this case, should be heard atleast through his legal representatives. I am also told that the impugned decree of possession was executed (2) CA. 4106.2007 against the appellant and now the legal representatives of respondent no.1 are in possession of the suit property alongwith the other respondents. In these circumstances, I would allow the application only on condition that the appellants/applicants shall pay Rs.1000/- as costs to the Aurangabad High Court Bar Association Library and Rs.1000/- to the proposed respondents. The applicants shall deposit the costs in the Court for the proposed respondents and shall submit receipt issued by the High Court Bar Association Library, on the next date on record. The costs to be paid within a period of six weeks from today. In case of failure to pay the costs, the Appeal shall stand dismissed without further reference to the Court. Civil Application stands disposed of. 3] List the Appeal for admission after six weeks, if the costs as above are paid. Sd/- (A.V. NIRGUDE, J.) arp