1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.9230 of 2009 In W.P.No.466 of 2000. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application is for condonation of delay and setting aside abatement in respect of the deceased Respondent No.3. There is delay of 4339 days in filing of the application. According to the applicants, he is old aged person being aged about 85 years. He was not knowing about death of the Respondent No.3. The petition was listed on Board of hearing and, therefore, there was no communication between himself and the advocate. When he came to know lateron about abatement of the petition against the Respondent No.3, he gathered necessary information regarding the identity of L.Rs., the death of the Respondent No.3 etc. Thereafter he filed the application. 3. Though, it prima facie appears that there is a considerable delay, yet, it can not be overlooked that when the petition is not on Board of final hearing, ordinarily, the communication gap is created between the advocate and the client. The advocate is not keen to contact the client unless there is some reason, after the admission of the petition, and in the present case, the information about the death was not given. Having regard to the attending circumstances and the explanation given by the applicant, I deem it proper to condone the delay which seems to be unintentional. The C.A. is allowed. The delay is condoned. The abatement is set aside and substitution of the names of L.Rs. of Respondent No.3 is permitted. Their names may be shown in stead of the Respondent No.3. (V.R.KINGAONKAR,J.) Dt.25.01.2010. asp/office/Ca9230.09