1 cac332.09 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 332 OF 2009 IN CIVIL REVISION APPLICATION NO. 362 OF 2009 Shri Bhiku Tukaram Aarade. ....Applicant. Vs. Shri Arun Pandurang Pawar. ....Respondent. Mr. Shriram Choudhary h/f. Mr. V.S.Talkute, Advocate for Applicant. Mr. Raoot h/f. Mr. P.B. Shah, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- AUGUST 20, 2011 P.C. 1. This is an Application for condonation of delay in filing CRA caused on account of the fact that against the impugned Judgment and Decree of the District Court dated 8/6/2007, initially Second Appeal No. 785 of 2007 was filed which was withdrawn and thereafter a Writ Petition was filed which is allowed to be converted into CRA. Learned Counsel for the Applicant points out that after the order permitting conversion was passed on 28th July, 2009, the CRA was admitted on 18/11/2010 but, since objection regarding delay is taken up, present Civil Application is filed. 2 cac332.09 The learned Counsel for the sole Respondent placed on record photo copy of the death certificate indicating that the sole Applicant has died on 29/6/2011. 2. However, on that ground hearing of this Civil Application filed in CRA need not be deferred particularly when there is technical delay which has been duly explained in paragraphs 2 to 5 of the Civil Application and the CRA is already admitted. Hence, the Civil Application is allowed in terms of prayer clause (a) and is disposed of. 3. Needless to state that the heirs of the original Applicant in the CRA may have to take appropriate steps for being substituted in place of and instead of original deceased Applicant in CRA, if they so desire. (GIRISH GODBOLE, J)