1 116CA9610.23 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 116 CIVIL APPLICATION NO. 9610 OF 2023 IN SA/22/2021 KANTABAI BALASAHEB KOLHE VERSUS MOTIRAMSINGH SANTRAMSING (DIED LRS) SHANTABAI AND OTHERS ... Advocate for Applicant : Mr. Rahul P. Cheble h/f Mr. Jadhav Mangesh R and Mr.P.B. Maradkar Advocate for Respondent No. 2-A and 4-A to 4D : Mr. Vaidya Ameet Raveendra and Mr. Adesh R. Ban h/f Mr. Gore Ravindra Vitthal ... CORAM : S. G. CHAPALGAONKAR, J. Dated : 28.03.2025 PER COURT :- 1. Heard learned Advocate appearing for respective parties. 2. Applicant seeks permission to bring on record legal representatives of respondent Nos. 2 and 4 and to condone delay of 367 days caused in filing present application. 3. Learned Advocate appearing for applicant invites attention of this Court to reasons as stated in paragraph Nos. 4 to 7 to submit that applicants were unaware of death of respective respondents and after getting such knowledge, immediately steps are taken to file present application. 4. Mr. Vaidya, learned Advocate appearing for proposed legal representatives vehemently opposes application contending that even accepting contents of application as it is, there is no explanation of delay of five months. 5. Considering submissions advanced, it can be observed that applicants could not take immediate steps for want of knowledge regarding deaths. Thereafter some time consumed in collecting documents. Although delay is not explained for each and every day, explanation tendered is plausible and acceptable. No prejudice would be caused to respondents, however, they are certainly entitle for some compensatory costs. 2 116CA9610.23 6. In result, application stands allowed in terms of prayer Clause (B) and (C) subject to payment of total costs of Rs. 3,000/- to be equally paid to legal representatives of each deceased respondents. 7. Costs to be paid within a period of four weeks from today. 8. Civil Application stands allowed and disposed off. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/