1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4222 OF 2008 IN SECOND APPEAL NO.789 OF 2006 Punja s/o Dhondiba Somase, R/o-Dhamori, Tq-Kopargaon, Dist-Ahmednagar. ...APPLICANTS. VERSUS Suryabhan s/o Trimbak Somase, R/o-Dhamori, Tq-Kopargaon, Dist-Ahmednagar and others. ...RESPONDENTS. ... Mr.S.V. Gangapurwala Advocate for Applicants. Mr.P.B. Shirsath Advocate for Respondent No.1 ... CORAM: K.K. TATED, J. DATE : 12TH JUNE, 2009. PER COURT : 1. Present Civil Application filed by the Applicants for condonation of delay for bringing legal heirs on record of deceased Respondent No.3  Nivruti s/o Nathu 2 Somase. 2. It is the case of the Applicants that they learnt about the death of Respondent No.3 from the Bailiff s report in the present case. Thereafter the Applicants tried to procure the death certificate of Respondent No.3 from concerned Gram Panchayat. Applicants further stated in Para 3 of the present Civil Application that there is no entry in Gram Panchayat record in respect of death of Respondent No.3 and therefore the concerned authorities have not issued any death certificate. Learned counsel for the Applicants further submitted that for want of knowledge of death of Respondent No.3, there is delay in preferring present Application. 3. Learned counsel for Respondent No.1 have no objection if the present Civil Application is allowed. Though Respondent Nos. 3-A and 3-B served, no one appeared on behalf of them when the present Civil Application called out for hearing. 4. Considering the averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (B) and (C), which read as under: 3 (B) The delay if any in bringing LRs of the respondent No.3 be condoned and the abatement of the Second Appeal, as against the said respondent may please be set aside. (C) The LRs of the respondent No.3 as shown in the title clause of the present civil application, may please4 be taken on record. 5. Applicants to carry out the amendment within two weeks from today and serve amended copy to the Respondents. 6. Civil Application is disposed of accordingly. (K.K. TATED) JUDGE. asb/JUN09/ca4222.08