mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3516 of 2008 IN FIRST APPEAL ST.NO. 14503 of 1998 State of Maharashtra .. Appellant versus Shankar S. Somdale (since deceased) thru LRs Siddheshwar B.Somdale & Anr... Respondents ... Ms.S.P. Manchekar AGP for the State. CORAM : D.G. KARNIK, J DATED : 10th November 2008 P.C.: 1. Heard. 2. This composite application is made by the State for setting aside the abatement by condonation of delay. The original respondent Shankar died on 3rd February 2001. After the death, the death was intimated to the State by the heirs of Shankar. They made an application to the Talathi along with a copy of the Will of late Shankar for making an entry of their names in the record of rights. The death, the Talathi after conducting an enquiry made the entry and the Circle Officer after verification of the registered Will confirmed the mutation entry no.11037 on 14th June 2001. By that mutation the names of heirs were recorded in the record of rights. It is thus clear that the appellant State and its Officers were aware of the death of the respondent Shankar in the year 2001 itself. The composite application for setting aside the abatement and condonation of delay has been made on 20th June 2008 i.e. after 7 years of the knowledge of the death. No satisfactory reasons have been given in the application explaining the delay. In the circumstances, application is dismissed. (D.G. KARNIK, J)