1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 2248 OF 2011 IN SECOND APPEAL NO. 494 OF 2010 ...Applicants VERSUS ...Respondents ..... Shri A.G.Dalal, advocate for the applicant Shri S.B.Kadu Patil, advocate for respondent no.1 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25 th February, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant for condonation of delay of 16 days caused in filing the present application and also for setting aside the abatement of the 2 accompanying Second Appeal, because of death of sole appellant and also for bringing the names of present applicants as the heirs and the legal representatives of sole appellant on record of Second Appeal No. 484 of 2010. 3 It is the contention of the applicant that the sole appellant in the accompanying Second Appeal expired on 21.9.2000 and the death certificate to that effect is annexed herewith. It is submitted that the applicants are the heirs and the legal representatives of sole deceased appellant. 4 For the reasons stated in the present application, it appears that the applicants have explained the delay satisfactorily, and hence, same deserves to be condoned in the interest of justice. Apparently right to sue survives and continues with the applicants, and therefore, present application is required to be allowed by setting aside the abatement, if any, on account of death of sole appellant, and names of applicants are required to be brought on record in the Second Appeal as the heirs and the legal representative. 5 In the result, present application is allowed in terms of 3 prayer clauses ‘B’, 'C', 'D' and 'E', and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca2248.11