1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11373 OF 2009 IN SECOND APPEAL NO. 721 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 23.04.2010 1. This is an application for condonation of delay of 875 days in filing application for setting aside abatment and bringing legal representatives of respondent No.2 on record. Heard Adv. Shri A.N. Nagargoje for the applicants Adv. Shri Vinay Anjanwatikar h/f. Adv. Shri V.D. Hon for respondent No. 2A and Adv. Shri S.R. Pawar h/f. Adv. Shri N.R. Bhavar for respondent No. 11. 2. It is stated in the application para 4 that only after the Bailiff’s Report was received on 26.06.2009 by the Court, the applicants learnt about death of respondent No.2 and thereafter they immediately took steps for obtaining death certificate 2 and filed this application on 21.07.2009. It is argued that the death had occurred on 14.12.2006 when the First Appeal was pending in the District Court. Said point is kept open. However, it does not appear that respondent No.2, who was lady, any way related to the applicant. Both were residing at Rahata town. It cannot be said that the omission to bring legal representatives of respondent No. 2 was deliberate when the applicants were plaintiffs, who were interested in getting relief against the respondents. In this view of the matter the delay is condoned; abatment set aside. The legal representatives of respondent No.2 be brought on record. The amendment be carried out forthwith. 3. The Civil Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2010/APR10/ca11373.09