1 IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 380 OF 2008 IN STAMP NUMBER (APPLN.) NO.423 OF 2008 AND STAMP NUMBER (APPLN.) NO.423 OF 2008. 1. Shri Shridhar Nagvekar and Anr. .. Applicants. Versus 1. Shri Hari Vassudev Redkar and Ors., .. Respondents. Mr. V. A. Lawande, Advocate for the applicants. Mr. R. Parshekar, Advocate for the respondents. Coram :- C. L. PANGARKAR , J. Date : - 20 th January, 2009. P.C. : 1. Heard the Counsel for the applicants. These two applications have been filed for substitution of L.Rs., for condonation of delay and setting aside abatement. It is stated that the respondent No.1died on 22.7.2007 and is survived by the L.Rs. mentioned in the application. The appellant/ applicant contends that he came to know of the death of the respondent No.1 at the end of the month of October, 2007. It is his contention further that thereafter, 2 immediately he contacted the Lawyer and the Lawyer instructed to obtain the death certificate. Before he could apply for obtaining the death certificate, he fell ill and was advised rest of 45 days. It is alleged that in such circumstances, he could not move application for obtaining death certificate. After he recovered from the ailment, he applied and obtained death certificate of respondent No.1 and filed this application. 2. Notice of this application was issued to the respondents and the respondents have not filed any reply to these applications. In the circumstances, it must be assumed that they do not want to contest the application. 3. The Counsel for the respondents, submits that the respondents want to contest the application and he objects to such application being granted. 4. After having considered the submissions of the learned Counsel for the applicants and the respondents and that the application is supported by medical certificate issued by the registered medical practitioner, it must be said that the appellant was indisposed during that period and, 3 therefore, could not take necessary steps within time. The delay, therefore, appears to be bonafide. In the circumstances, the delay stands condoned. The abatement stands set aside. The L.Rs. be brought on record. 5. The applications are disposed of. C. L. PANGARKAR, J. SMA