1 wp 4316.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4316 OF 2011 Yashwant Jatrya Gavit and others .. Petitioners Versus Jayanta Shegji Gavit and others .. Respondents Shri J. R. Shah, Advocate for Petitioners. CORAM : S. V. GANGAPURWALA, J. DATE : 23RD JUNE, 2011. PER COURT : . The present petitioners are the legal heir of original defendant. During the pendency of the suit the defendant died. The learned counsel for the defendant vide pursis dated 06.08.2010 intimated the factum of the death of the defendant. Thereafter on 28.01.2011 the plaintiffs filed an application for bringing the legal representatives of the deceased defendant on record. Vide Exhibit 50 the plaintiffs prayed for condonation of delay in filing an application for bringing the legal representatives of the defendant on record and vide Exhibit 51 prayed for bringing the legal representatives of deceased 2 wp 4316.11 defendant on record. The defendants vide Exhibit 49 prayed for abatement of suit. The Trial Judge rejected Exhibit 49 and allowed Exhibit 50 and 51 by the common order. The said order is assailed in the present petition. 2. Shri J. R. Shah, the learned counsel for petitioners submits that the reasons mentioned for not bringing the legal representatives on record cannot be sustained. The said reasons are absolutely false and do not satisfy the test required for setting aside abatement order. The reasons stated by the Trial Judge that the plaintiffs are illiterate and tribal and as such, could not have the knowledge of bringing legal heirs within stipulated period is against the record. Earlier also the legal heirs were brought on record. 3. It is settled position of law that abatement has to be strictly construed and an application for setting aside abatement has to be liberally construed. The pursis was filed by the learned counsel for the defendant intimating the death of defendant on 06 th August, 2010. Thereafter, on 28.01.2011 application was filed for bringing the legal heirs on record. As such, hardly there was delay of about 60 to 70 days in filing the application for bringing 3 wp 4316.11 the legal heirs on record. There is nothing on record to show that the plaintiffs are not tribals and illiterate. The suit deals with an immovable property wherein the plaintiffs are claiming possession of the property. I do not see any error in the order impugned allowing the application Exhibit 50 and 51 and rejecting the application Exhibit 49. 4, In the result the writ petition is dismissed, however, with no costs. [ S. V. GANGAPURWALA, J. ] bsb/June 11