1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.12859 of 2005 In W.P.No.106/1990 with C.A.No.12860/2005 In W.P.No.106/1990 with C.A.St.No.22296/05 In W.P.No.106/1990. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned counsel and learned A.G.P. 2. The applications are for condonation of delay, setting aside of the abatement order dated 21.11.2005 and for substitution of the legal representatives of the petitioner. 3. The counsel for the legal representatives would submit that the petition was pending since long i.e. 1990 and the legal representatives were not aware of the proceedings. He would submit that the delay was unintentional. It is further submitted that the abatement order was communicated by Shri T.S.Ghute, advocate on 21.11.2005. The applicants are residing in a remote village i.e. village Kati under Tuljapur Tahsil. They were unable to immediately file application due to financial difficulties etc. 4. Considering the explanation given by the applicants and the fact that the petition was pending since 1990 and perhaps the L.Rs. may not be knowing of its pendency, the request for substitution of the L.Rs. deserves consideration. The delay appears to be accidental. It appears that there was no intention to protract the matter. Hence, the applications are allowed and the delay is condoned. The abatement order is set aside. The L.Rs. be substituted in place of the deceased petitioner. The amendment to be carried out within one (1) week and thereafter the petition shall be enlisted for final hearing. (V.R.KINGAONKAR,J.) Dt.15.01.2010. asp/office/Ca12859.05