1 Civil Appln. No.2773.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2773 OF 2010 IN FIRST APPEAL NO.117 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.Tatyasaheb Bhosle,Advocate for Applicant. Shri.C.M.Kajale,Advocate holding for Shri.D.R.Jayabhar,Advocate for Resp.No.2- A, 2-B and 2-C. .... CORAM: K.K. TATED, J. DATE : 09th DECEMBER,2010. PER COURT : 1. Heard learned counsel appearing for the applicant and respondent No.2-A,2-B and 2-C. 2. Present application is preferred by Acquiring Body for bringing legal representatives of deceased respondent No.2 and for condonation of 970 days delay in filing the present Civil Application. 2 Civil Appln. No.2773.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. The learned counsel appearing on behalf of the applicant submits that on perusal of Bailiff Report dated 3-4th February, 2009, it revealed that respondent No.2 died on 1st May, 2007. Thereafter, Advocate for the applicant communicated these facts to the concerned Officer for collecting Death Certificate, names and address of the legal hears of the deceased respondent No.2. 4. The learned counsel appearing for the applicant submits that concerned Officer took some time to find out the names and address of the legal heirs. He further submits that the applicant received Death Certificate of respondent No.2 on 18th December, 2009 thereafter immediately they preferred the present Civil Application on 13th January, 2010. 3 Civil Appln. No.2773.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 5. The learned counsel appearing for applicant submits that there is delay of 919 days in filing the present application for bringing the legal representatives of respondent No.2. 6. The learned counsel appearing for respondent Nos.2-A to 2-C opposed the present Civil Application on the ground that, the applicants failed to disclose sufficient cause for condoning the delay in preferring the present Civil Application. 7. Considering the reasons disclosed in the Civil Application and submissions advanced by the learned counsel for the parties, the Civil Application is allowed in terms of prayer clause [B] and [C], which reads as under: 4 Civil Appln. No.2773.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders “[B] That the delay of 970 days caused in filing the Civil Application may kindly be condoned in the interest of justice.” [C] Legal Representatives of the deceased Respondent No.2 Keshav S/o Apparao Paithane may kindly be brought on record as respondent No.2-A to 2-C.” 8. The time is extended by four weeks to carryout the amendment, as per the order dated 24th June, 2010, passed by this Court (Coram: P.R.Borkar, J.) subject to costs of Rs. 1000/- (Rupees One thousand), within four weeks from today. . The Costs of Rs.1000/-(Rupees One Thousand) be paid to the legal heirs of the Respondent No.2, namely Keshav Apparao Paithane. If the costs is not 5 Civil Appln. No.2773.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders deposited on or before next date, the Civil Application be treated as dismissed without back Reference to the Court. 9. The civil Application is disposed of accordingly. Sd/- [K.K. TATED, J.] MTK