FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA/5274/2009 In SAST/7450/2003 WITH CA/3928/2004 In SAST/7450/2003 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. N.C. Garud, Advocate for applicants. CORAM: K.U. CHANDIWAL J. DATED: 30th April, 2010. P.C.: 1. Heard. Pursuant to notice other side is served, however, no participation. There is delay of 1311 days. Issue fresh notice to respondent No. 2 in the civil application, returnable on 2nd June 2010. 2. By application 5274/2009, request is made to bring the legal representatives of respondent No. 1 i.e. 1A to 1C on record by condoning the delay of 1311 days. 3. On going through the application and hearing the learned counsel, it is clear that after death of respondent No. 1 Shaikh Nabab Hamidbhai on 3rd May 2005, having revealed in the mutation entry, they got knowledge. The delay is not deliberate. Abatement is set aside. The delay is condoned. Application to the extent of bringing the legal representatives of respondent No. 1A to 1C is allowed. Fresh notice as indicated above to respondent No. 2 on given address. Application 5274/2009 allowed as above. [ K.U. CHANDIWAL J. ] ssc/ca5274.09