( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 13120 OF 2009 IN WRIT PETITION NO. 1707 OF 1992 Onkar Kashiram Mahajan & others APPLICANTS VERSUS Rajaram Shamu Mahajan & others RESPONDENTS ..... Mr. S.P. Tiwari, advocate for the applicants. Mr. S.S. Kulkarni, advocate holding for Mr. S.D. Kulkarni, advocate for the respondents No. 1 to 6. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 6th January, 2010] PER COURT : The application is for condonation of delay, setting aside abatement and substitution of the legal representatives of the respondent No. 3. There is delay of only 67 days in filing of the application. It is stated that the death of respondent No. 3 was not immediately known and within knowledge of the petitioners. The delay appears to be unintentional. The explanation is satisfactory. Consequently, the ( 2 ) delay is condoned. The abatement is set aside. The legal representatives of the deceased respondent No. 3 shall be substituted in his stead. The amendment to be carried out. After the amendment, notice to the legal representatives of the respondent No. 3, returnable on 9th February, 2010. Civil application is accordingly disposed of. [ V.R. KINGAONKAR ] JUDGE NPJ/ca13120-09