1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.46/2011 IN SECOND APPEAL NO.278/1997 Dynaneshwar s/o Rambhau Krupal and another ...Versus... Kisan s/o Suryabhan Sawadkar and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri S.A. Mohta, Adv. for applicants] [Shri V.G. Wankhede, Adv. for respondents] CORAM : A.B. CHAUDHARI, J. DATE : 11.03.2011. This is an application for condonation of delay of 403 days in filing application for bringing legal representatives of respondent No.1 on record. Heard learned Counsel for the rival parties. Learned Counsel for the respondents has strong objection for allowing this application, in view of the fact that the delay is more than one year. He further submitted that despite filing of pursis about intimation of death of respondent No.1 on record there is delay and that was due to negligence. In my opinion, negligence in not taking note of the fact that was pointed out by learned Counsel about the death should not harm the client adversely particularly when this appeal is pending in this Court since 1997 and it would be better to decide the same on merits. However, party can be compensated by way of order of costs. 2 Hence, civil application is allowed in terms of its prayer upon payment of costs of Rs.1,000/- (Rupees One Thousand Only) to learned Counsel for respondent No.1. CIVIL APPLICATION S. NO.48/2011 Heard. For the reasons stated in the application, the same is allowed. Abatement is set aside. Civil Application stands disposed of. CIVIL APPLICATION S. NO.47/2011 This is an application for bringing legal heirs of respondent No.1 on record. Heard. Civil Application is allowed in terms of its prayer. Legal heirs be brought on record within a period of two weeks. Learned Counsel for respondent No.1 is at liberty to move for early hearing. Civil Application stands disposed of. Judge ssw