1 ca40.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 40 OF 2011 IN SECOND APPEAL NO.245 OF 1987 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 04.03.2011. 1. Heard Shri V.D. Patnoorkar, learned counsel for the applicants and Shri Anand Bhandari, learned counsel for Respondent Nos. 1A and 1B. 2. This is an application preferred by the applicants for condonation of delay of 506 days in preferring the same for bringing heirs and legal representatives of deceased Respondent No.2 on record in the second appeal. 2 ca40.11 3. Shri Bhandari, learned counsel for Respondent Nos. 1A and 1B opposed the present application, vehemently. 4. After considering the contents of the application and the rival submissions, it appears that Respondent No. 2 Yadavrao Gyanrao Bhosale expired on 9.3.2009, and the applicants have annexed death certificate in that respect, along with present application. However, as per the contention of the applicants, they got knowledge of death of Respondent No.2, only on 13.10.2010 and thereafter they preferred present application, which resulted into delay of 506 days. 5. Accordingly, the applicants have explained the reasons for the said delay, satisfactorily and, therefore, delay caused in filing present application deserves to be condoned, in the interest of justice. 3 ca40.11 6. Besides that, right to be sued survives and continues in the heirs and legal representatives of deceased Respondent No.2 and, therefore, they are required to be brought on record in the second appeal. 7. In the result, application is allowed in terms of prayer clauses (B) and (C) thereof. The applicants to bring the heirs and legal representatives of deceased Respondent No. 2 on record in the second appeal, by carrying out necessary amendments within two weeks from today. 8. Present application stands disposed of, accordingly. pnd/ca40.11 (SHRIHARI P. DAVARE, J.)