1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.5680 OF 2009 IN CIVIL APPLICATION STAMP NO.20153 OF 2008 IN WRIT PETITION NO.4241 OF 1998 Chima s/o Nema Kausalkar and others ... APPLICANTS VERSUS Smt. Yamunabai Vinayak Tarkunde, died through L.Rs. Nandkumar s/o Vinayak Tarkunde and another ... RESPONDENTS ..... Shri V.P. Latange, Advocate for the applicants Shri M.M. Patil, Advocate for respondents ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of parties. 2. The applicants (original petitioners) have preferred the present application for condonation of delay of 587 days caused in filing the Civil Application for bringing the heirs and 2 legal representatives of deceased original petitioner No.2 on record. 3. The applicants submit that, during the pendency of the Writ Petition, the original petitioner No.2 namely Balu s/o Nema Kusalkar expired on 1.3.2007. However, the applicants were not aware about filing of the present Writ Petition No. 4241/1998 by their father and uncle before this Court. Hence, the delay of 587 days was caused in filing the application for bringing the heirs and legal representatives of deceased petitioner No.2 on record. 4. Learned counsel for the respondents opposed the present application vehemently and submitted that the present application bears no substance and it is devoid of any merits and, therefore, same be rejected. 5. Considering the averments in the present application and also considering the rival contentions, it appears that the applicants have explained the delay occurred in filing the Civil Application for bringing the heirs and legal representatives of deceased petitioner No.2 on record, in paragraph No.3 of the present application satisfactorily. Moreover, the said delay does not appear to be willful, deliberate and intentional. Hence, same is required to be condoned ion the interest of justice. 3 6. In the result, present application is allowed in terms of prayer clause (B) thereof and delay of 587 days caused in filing the Civil Application for bringing the heirs and legal representatives of deceased petitioner No.2 on record stands condoned. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca5680.09