(1) CA. 9241.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9241 OF 2008 IN SECOND APPEAL NO. 74 OF 2008 Namdeo S/o Khanduji Mutkule and ors. .. Applicants VERSUS Tukaram Mutkule died through LRs. and ors .. Respondents Mr. Vijay Anjanvatikar, Advocate h/f. Mr. V.D. Hon, Advocate for the applicants-appellants Mr. P.S. Agrawal, Advocate for the respondents nos. 1-C, 2 to 4 and 17. CORAM : A.V. NIRGUDE, J. DATED : 6TH AUGUST, 2009 P.C.:- 1] Heard. The respondent no.13, it is said is the distant cousin of the appellants and it is said that the appellants were not aware of her death which occurred in 1998 during the pendency of the suit and the first appeal. . When this second appeal was filed, the appellants learnt about her death and so, the present application is moved for condonation of delay. The remaining respondents have not opposed the application, by filing the reply. (2) CA. 9241.2008 2] The application deserves to be allowed. The delay stands condoned. The application for bringing the legal heirs of deceased respondent no.13 is also allowed. Appellants to carry out the amendment and serve the copies on the respondents. C.A. disposed of. 3] Second Appeal be placed for admission on 7.8.2009 second on Board. Sd/- (A.V. NIRGUDE, J.) arp