* 1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 811 OF 2004 IN CROSS OBJECTIONS (ST) NO. 31256 OF 1991 IN FIRST APPEAL NO. 465 OF 1991 ___________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court's orders or Court's or Judge's directions and Registrar's orders orders __________________________________________________________________ Mr.Rohan Dharandale, adv.for appellants. Mr.S.V.More, Government Pleader present. Coram:Smt.R.P.SondurBaldota, J. Dated :18 th November, 2008. P.C. : 1. This Civil Application is taken out for bringing the heirs of sole applicant on record by setting aside abatement of the cross- objections and condoning the delay in filing the application. There is a delay of 6 years and 22 days in filing the present application. It has been served upon the respondent-State who has not filed reply to oppose the application. * 2 2. The applicants explain the delay in filing the Civil Applicant at para-3 thereof. It is stated that they were completely unaware of the pendency of the court proceedings. They learnt about the same for the first time on receipt of the letter from the learned advocate engaged by the original applicant informing that he would be unable to look after the matter and requested for making alternate arrangement. The application shows that after receipt of the letter from the learned advocate, the applicants acted with due diligence and filed the present application on 26th September, 2003. In that circumstance, it has to be held that the applicants have made out sufficient cause for condonation of delay and setting aside the abatement of the cross-objections. * 3 Hence, the Civil Application is allowed. The delay in filing the Civil Application is condoned. Abatement of the cross-objections be set aside. The applicants be brought on record as heirs and legal representatives of the deceased applicant. Amendments to be carried out within a period of two weeks from today i.e. on/or before 2nd December, 2008. Amended copy to be served upon the respondents within a period of two weeks thereafter. The applicants to prepare paper book and file the same within a period of 8 weeks from today. [JUDGE]