1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4536 OF 2009 IN SECOND APPEAL NO.137 OF 2007 Basappa s/o Virappa Birajdar, died through L.R.: Rajebhau alias Ramchandra s/o Basappa Birajdar Applicant Versus Kamalbai w/o Ganpatrao Rajnale & others Respondents Mr.K.M.Babhulgaonkar, advocate for the applicant. Mr.I.S.Thorat, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 21st August, 2009. P.C.: Leave to amend. This is an application for bringing on record L.R. of deceased sole appellant Basappa as well as for condoning delay of 291 days occurred in presenting application for the said purpose; so also for setting aside abatement. Heard Shri Babhulgaonkar, learned Counsel for applicant and Shri Thorat, learned Counsel for Respondent No.1. For the reasons stated in the application, application is allowed. Applicant is permitted to implead himself as legal representative of deceased appellant Basappa. Delay of 291 days occurred in presenting the application stands condoned. Order of abatement of appeal stands set aside. 2 It is pointed out that parties enlisted at Sr.Nos.1 to 8 in paragraph no.2 of instant application are also legal representatives of deceased sole appellant Basappa, however, they are not prepared to join themselves as appellants in the appeal. As such, they are required to be incorporated in the appeal as respondents. Applicant seeks leave to incorporate names of persons at Sr.Nos.1 to 8 noted in paragraph no.2 as respondents in the appeal. Request is granted. Names of parties at Sr.Nos.1 to 8 noted in paragraph no.2 of the application are permitted to be incorporated as respondents in the appeal. Record be amended accordingly. Civil Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/ca453609