1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7620 OF 2006 IN CIVIL APPLICATION ST.NO.5521 OF 2006 IN SECOND APPEAL NO.343 OF 1998 Jagdish s/o Eknath Navandar, R/o-Village Shingi, Tq-Gangapur, Dist-Aurangabad and another. ...APPLICANTS. VERSUS Ramnath s/o Jagannath Navandar and others. ...RESPONDENTS. ... Mr.D.V. Soman Advocate for Applicants. None present for Respondents. ... CORAM: K.K. TATED, J. DATE : 8TH JUNE, 2009. PER COURT : 1. Heard Mr. Soman, learned counsel for the Applicants. None for the Respondents. 2 2. Present Civil Application filed by the Applicants for condonation of delay in filing Civil Application for bringing legal heirs on record of deceased Respondent No. 2 who expired on 21/9/1999. It is the case of the Applicants that they filed present Second Appeal on 14th September, 1998 on the basis of cause title appearing in the impugned Judgment and decree dated 22nd July, 1998 passed by the District Court in Regular Civil Appeal No. 225 of 1991. In 2005 they learnt that notice issued to Respondent No.2 returned unserved as per bailiff s report dated 21st September, 1999 and 4th January, 2005. Therefore there is delay in preferring present Civil Application for bringing legal heirs on record of deceased Respondent No.2. 3. Considering the averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (B), which reads as under: (B)Delay of 4770 days in filing the Civil Application for bringing the legal representatives of Respondent No.2 on record may kindly be condoned in the interest of justice and equity and the civil application may kindly be registered. 3 4. Civil Application is disposed of accordingly. (K.K. TATED) JUDGE. asb/JUN09/sa720.07