1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12406 OF 2009 IN CIVIL APPLICATION NO.9272 OF 2005 IN FIRST APPEAL ST.NO.13551 OF 2005 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. D. V. Tele, AGP for the State. Mr.Rajesh Pardeshi holding for Mr. S. V. Gangapurwala, Advocate for respondent nos.1(i) to 1(9). ........ [CORAM : K.U.CHANDIWAL, J. ] DATE : 22nd January, 2010. PER COURT : 1. Heard. The death of sole respondent long back virtually before 10 years, resulted in abating the State appeal, the learned Government Pleader could not take steps even on 01.07.2008, when the matter was kept for orders. 2 2. Since respondent Nivruti Govind Kankate expired, the office of Government Pleader wrote a letter to the S.L.A.O., who has forwarded the death certificate dated 23.10.2000 with certification of names of legal representatives. The names of legal representatives of Nivruti are given in paragraph no.5 of the application. The Counsel for the legal representatives has opposed to entertain the application. 3. The delay in bringing the names of legal representatives on record though exorbitant can not be attributed to slackness on the part of Government. Infact it was the duty of the Counsel appearing for the claimant at the material time to intimate about the death of Nivruti or names of legal representatives. No such exercise was done, the delay is condoned. The abatement order set aside. The names 3 of legal representatives of deceased Nivruti Govind Kankate as disclosed in paragraph no.5 be brought on record within 14 days. Mr.Rajesh Pardeshi waives service for the proposed respondents (legal representatives). [ K.U.CHANDIWAL ] JUDGE gas/ca12406.09