1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.1711 OF 2007 IN CIVIL APPLICATION STAMP NO.4306 OF 2007 IN WRIT PETITION NO.4275 OF 1996 Surajmal s/o Chandanmal Changediya, ... APPLICANT VERSUS Laxman Narayan Rasane, died L.Rs. Shri Sudhir s/o Laxman Rasane & anr. ... RESPONDENTS ..... Shri V.V. Deshmukh, Advocate holding for Shri L.V. Sangit, Advocate for the applicant Shri V.S. Bedre, Advocate for respondents. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of parties. 2. The applicant (original defendant) has preferred the present application for condonation of delay of 2056 days in filing the Civil Application for bringing the heirs and legal 2 representatives of deceased respondent No.1 (original plaintiff) and also prayed that abatement of Writ Petition against the deceased respondent No.1 be set aside. 3. Learned counsel for the respondents opposed the application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 4. Considering the averments in the present application and also considering the rival contentions of the parties, it appears that the applicant has explained the delay in paragraph No.3 of the application satisfactorily. Moreover, the said delay is not deliberate, willful or intentional and hence, same is required to be condoned in the interest of justice. 5. In the result, present application is allowed in terms of prayer clause (A) thereof and delay of 2056 days in filing Civil Application for bringing the heirs and legal representatives of deceased respondent No.1 stands condoned. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca1711.07