1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO. 1026 OF 2007 NO. 1026 OF 2007 NO. 1026 OF 2007 inin in WRIT WRIT WRIT PETITION PETITION PETITION NO.1830 OF 1996 NO.1830 OF 1996 NO.1830 OF 1996 Shri Shri Shri Rocky John Lopis Rocky John Lopis Rocky John Lopis ...... Petitioner Petitioner Petitioner vs vs vs 1.Mewalal 1.Mewalal 1.Mewalal Phirodhan Pardeshi.. Respondents Phirodhan Pardeshi.. Respondents Phirodhan Pardeshi.. Respondents & ors. ors. ors. Mr.P.R.Arjunwadkar Mr.P.R.Arjunwadkar Mr.P.R.Arjunwadkar for for for Respondent Respondent Respondent no.1. no.1. no.1. CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : 3rd August, 2007 : 3rd August, 2007 : 3rd August, 2007 P.C. P.C. P.C. 1.1.1. This is an application for condonation of delay This is an application for condonation of delay This is an application for condonation of delay inin in setting aside abatement and for bringing legal setting aside abatement and for bringing legal setting aside abatement and for bringing legal heirs heirs heirs of the deceased petitioner on record. of the deceased petitioner on record. of the deceased petitioner on record. 2.2.2. The petitioner expired on 16th January, 2004. The petitioner expired on 16th January, 2004. The petitioner expired on 16th January, 2004. The The The period of 90 days expired on 21st April, 2004. period of 90 days expired on 21st April, 2004. period of 90 days expired on 21st April, 2004. An An An application for setting aside the abetment has application for setting aside the abetment has application for setting aside the abetment has been been been made on 12th April, 2007. A period of almost made on 12th April, 2007. A period of almost made on 12th April, 2007. A period of almost 3 years has passed Apparently, without any reason years has passed Apparently, without any reason years has passed Apparently, without any reason given given given in the application for condonation of delay, in the application for condonation of delay, in the application for condonation of delay, except except except that that that after the demise of the petitioner, the after the demise of the petitioner, the after the demise of the petitioner, the applicants applicants applicants approached one Advocate and requested approached one Advocate and requested approached one Advocate and requested him him him to contact the Advocate on record. That to contact the Advocate on record. That to contact the Advocate on record. That however, however, however, the Advocate had lost track of the matter. the Advocate had lost track of the matter. the Advocate had lost track of the matter. 3.3.3. Thereafter, the applicants have filed this Thereafter, the applicants have filed this Thereafter, the applicants have filed this application. application. application. No date on which the applicants came No date on which the applicants came No date on which the applicants came toto to know know know that the petition stood abated is given nor that the petition stood abated is given nor that the petition stood abated is given nor 2 on on on which which which date they contacted their Advocate nor any date they contacted their Advocate nor any date they contacted their Advocate nor any reason reason reason given as to why the Advocate could not given as to why the Advocate could not given as to why the Advocate could not attend attend attend to their matter thereafter. Now, they have to their matter thereafter. Now, they have to their matter thereafter. Now, they have managed managed managed to prefer this application. The reasons to prefer this application. The reasons to prefer this application. The reasons given given given for applying for condonation of delay are for applying for condonation of delay are for applying for condonation of delay are extremely extremely extremely vague and do not constitute sufficient vague and do not constitute sufficient vague and do not constitute sufficient cause. cause. cause. Application is therefore, dismissed. Application is therefore, dismissed. Application is therefore, dismissed. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)