1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.3976/2010 ( Ramesh T. Gaghani & another ..Vs.. Satyanarayan R. Agrawal (deceased, through Smt. Kamlabai S. Agrawal ) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Gandhi, Adv. for petitioner. CORAM : Mrs. MRIDULA BHATKAR J . DATED : 6 th SPETEMBER 2010. In writ petition order dated 20th of January 2010 passed by the 2nd Joint Civil Judge (Junior Division), Murtizapur allowing the application for bringing legal heirs on record by condoning the delay of 12 days is challenged. The learned Judge without passing the order of setting aside the abatement has allowed the said application. The petitioner has challenged this order. The respondent has lost her husband so the delay of 12 days was condoned by the learned Judge. If legal heirs are not brought on record within stipulated period, the suit abates. It is true that the learned Judge ought to have mentioned about setting aside the abatement however, the learned Judge has properly appreciated the reason for allowing the applications hence no interference is 2 required in the order dated 20th of January 2010 passed by the 2nd Joint Civil Judge (Junior Division), Murtizapur. Writ petition is therefore, dismissed. JUDGE Tambaskar.