1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A. No.5185 of 2009 In W.P.No.3059/1999 with C.A.No.5184/2009 with C.A.St.No.18024/2009 In W.P.No.3059 of 1999. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. These are applications for setting aside abatement, condonation of delay and leave to substitute the legal representatives of deceased petitioner. 2. Original petitioner died on 12.6.2007 during pendency of the petition. His legal representatives were not taken on record as they did not come forward. Consequently, the petition came to be dismissed as abated. 3. The legal representatives of deceased petitioner have now filed the applications seeking setting aside the abatement and condonation of delay. The main ground put forth by them is that they were not aware of the litigation. They further submit that subsequently they came to know about dismissal of the petition when they heard certain rumour in the vicinity and the Respondent had distributed sweet in the locality of the village. They approached the advocate, but came to know that he also was no more. They were unable to get correct information and, therefore, the delay had occurred in filing of the application. 4. Heard counsel. 5. The fact that the petitioners may not be knowing about pendency of the Writ Petition and the fact that they are poor and illiterate persons is indicative of absence of any malafides. It appears that they bonafidely were taking necessary information. They had not intentionally committed the delay. The petitioners belong to poor class of manual labours and are residing in a remote village. Considering these aspects, I deem it proper to accept the explanation and grant the applications subject to costs of Rs. 1,000/- (Rupees one thousand). 6. In the result, the applications are allowed subject to cost of Rs.1,000/- (Rupees one thousand) payable to the Respondent. If the costs are deposited within two (2) weeks, the substitution of the L.Rs. may be effected by making necessary amendment in the cause title. The order of abatement will then stand recalled. The petition thereafter shall be enlisted for early hearing. (V.R.KINGAONKAR,J.) Dt.25.01.2010. asp/office/Ca5185.09