1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 545 OF 2010 IN WRIT PETITION NO.409 OF 1990 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. C.V.Korahalkar, Advocate for applicants. Mr. S.S.Kulkarni, Advocate holding for Mr. S.D.Kulkarni, Advocate for respondent nos. 1-A to 1-D. ........................... [ CORAM : V.R.KINGAONKAR, J. ] DATE : 10/02/2010 PER COURT : 1. Heard learned counsel for the parties. 2. The petitioner died during pendency of the petition and, therefore, abatement order dated 10/9/2004 was passed. There was delay in filing of the application for the substitution of the legal representatives of the deceased petitioner. It appears that the said delay has been condoned by a separate order passed in another application. It 2 appears that the legal representatives were not aware about pendency of the petition. It was only after the communication received from the counsel that they approached the court with an application for condonation of delay and substitution in the place of the deceased petitioner. Having regard to the reasons stated in the application, the abatement order is set aside, the petition is restored to its original position and the legal representatives are permitted to be taken on record in the place of the deceased petitioner. The suitable amendment to be carried out within one (1) week and thereafter the petition be enlisted for final hearing on 19/3/2010. [ V.R.KINGAONKAR ] JUDGE knp/CA 545.10 in WP 409.90