1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 1776 OF 2005 IN WRIT PETITION NO. 531 OF 1993 Mishrilal Ganmal Tatiya since deceased through L.Rs. 1-A) Kiran Mishrilal Tatiya & ors. ...Applicants VERSUS Vishnupant Gopinath Tripathi since deceased through L.Rs. 1-A) Iomprakash s/o Vishnupant Tripathi ...Respondent ..... Miss Sijitha S. Sharathpedi holding for Shri V.J.Dixit, Senior advocate for the applicants ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 27th November, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicants. 2 The present application is preferred by the applicants/original petitioners requesting to condone the delay of 46 days in filing the present application for bringing the heirs/L.Rs. of petitioner no.2 on record. 2 3 On perusal of the contents of the application and after considering the submissions advanced by learned counsel for the applicants/original petitioners, it appears that the applicants have explained the delay in para no.2 of the present application satisfactorily. Moreover, it also appears that the said delay is not willful, deliberate and intentional and hence, same is required to be condoned in the interest of justice. 4 In the result, the present application is required to be allowed and the delay caused in filing the present application is required to be condoned and also abatement, if any, is also required to be set aside. 5 Accordingly, the present application is allowed in terms of prayer clauses ‘A’ and ‘B’ and delay of 46 days caused in filing the present application for bringing heirs/L.Rs. of deceased petitioner no.2 on record stands condoned. Hence, abatement, if any, stands set aside and the present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca1776.05