1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3925 OF 2008 AND CIVIL APPLICATION NO.1736 OF 2008 IN FIRST APPEAL (ST) NO.25759 OF 1997 The State of Maharashtra .... Applicant (through the Special Land Acquisition Officer, Solapur) Vs. Shivaji Yadav Hajare (deceased) .... Respondents (through his LRs) Mrs. Geeta Mulekar, AGP for Applicant. None for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 11th December, 2008 P.C. 1. This Civil Application is taken out for bringing the heirs of respondent on record by condoning the delay and setting aside the abatement. The respondent died on 25th November,2000. The instant application is filed on 5th July,2008 i.e. after the delay of 7 years and 97 days. In the Civil Application, the applicant states that it learnt about the death of respondent only after 28th March,2008 on which date the applicant was directed to serve private notice on the respondent and file affidavit-of-service. When the applicant sought to effect service on the respondent, it was learnt that he 2 had died 7 years back. 2. The instant appeal was filed in the year 1997 along with the civil application for condonation of delay of 1441 days. This civil application did not appear on the board for 8 long years. During those 8 years, the applicant also did not take any steps for getting the civil application on the board for condonation of delay so that the appeal could be listed for hearing. Thus the applicant showed no interest in prosecuting the proceedings. The entire conduct of the applicant is of gross negligence. If the applicant were to be diligent enough it would have learnt about the death of the respondent much earlier. In the circumstances, it must be held that the applicant has failed to make out case of condonation of delay and setting aside abatement. Hence, the Civil Application No.3925 of 2008 is hereby dismissed. As a consequence, the Civil Application No.1736 of 2008 and the First Appeal (St) No.25759 of 1997 stand abated. (SMT.R.P. SONDURBALDOTA,J)