(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 6608 of 2010 (In Writ Petition No. 2793 of 1990) Chandrabhan s/o. Namdeo Kadam. .. Applicant. versus The State of Maharashtra & others. .. Respondents. ....................... Mr. P.G. Mahalankar, Advocate, for the applicant. Mr. K.J. Ghute Patil, Assistant Government Pleader, for respondent nos.1 to 4. Mr. V.V. Bhavthankar, Advocate, for respondent no.5. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 11TH JANUARY 2011 (2) COURT'S ORDER : 1. The application is for permission to bring legal heirs of deceased respondent no.9, on record, by setting aside the order of abatement and by condoning delay. Though the application is common, requisite court fees has been paid. 2. This court has already issued notices to the proposed legal heirs of deceased respondent no.9. Though they are served, there is no appearance for them. 3. Mr. V.V. Bhavthankar, learned Counsel, appears for respondent no.5, namely, Devidas s/o. Anna Ike. 4. After hearing the respective Counsel for the parties, I find that the death of respondent no.9 had taken place during the pendency of Writ Petition which was filed in the year 1990. At present, proceedings for review and for condoning delay in filing review are pending. The matter is being prosecuted by the applicant and hence there are no mala fides. 5. In this view of the matter, application is allowed. Delay is condoned. The legal heirs of deceased respondent no.9 are allowed to be brought on record. Necessary amendment be (3) carried out by 19th January 2011. After amendment being made, issue notices to the legal representatives of respondent no.9, in Civil Application No. 3776/2009, returnable on 23rd March 2011. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/ca6608