1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12747 OF 2010 IN SECOND APPEAL NO. 254 OF 1993 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 22/10/2010 PER COURT : 1. This is an application seeking condonation of delay in filing application for bringing the legal representatives of deceased respondent on record and for setting aside the abatement. The delay is caused in filing the application. As per the applicant, he was not aware about the death of the deceased and it is only in the execution proceedings, he got the knowledge of the same. The respondent was represented by the Advocate. No pursis was filed by the respondent’s Advocate intimating the factum of death of respondent. For the first time, the intimation was given by the learned counsel on 15/4/2010. On 21/7/2010, the Registrar passed order of abatement. As such, the limitation would be counted from 15/4/2010 and as the abatement took place in the month of July, 2010, as per Article 121 of the Limitation Act, 2 1963, the application for setting aside the abatement has to be filed within 60 days from the date of abatement. Taking into account the date of knowledge, the application for setting aside abatement would be construed to be in limitation. 2. Taking into account the above facts and the reasons stated, that the respondent has shifted to another village and the knowledge could not be acquired, the application is allowed. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 12747.10 in SA 254.1993