1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6141OF 2009 Rubabbi w/o. Harun Shah Barphiwale Died through L.Rs. ....Applicants. Versus Sarjerao s/o. Bhagwan Shelke & ors. ....Respondents. Mr. V.C. Solshe, Advocate for applicants. Mr. S.N. Kulkarni, Advocate for respondent Nos. 1,2A,2B and 3. CORAM: R.K. DESHPANDE, J. DATED: 17th November, 2009. PER COURT : 1. Heard Shri. Solshe, the learned counsel for the applicants and Shri. S.N. Kulkarni appearing for the respondent No. 1. Although, the respondent No. 2 and legal representatives of respondent No. 3 are served, none appears for them. 2. This is an application for condonation of 544 days delay in setting aside abatement as the appellant had expired and the appeal stood abated. The applicants also pray for setting aside the abatement. The reason stated in the application is that when this appeal was listed for final hearing before this Court, the applicants, who claimed to be the 2 legal representatives of the appellant, received letter dated 10.2.2009 from the counsel, informing that the matter is listed on board for final hearing. At that time, the applicants, the legal representatives, came to know that the instant second appeal is pending and hence approached the counsel and filed this application. The delay caused is of 544 days in filing this application. 2. None of the respondents have filed their reply to this application. The averments made in the application stand uncontraverted. However, Shri. Kulkarni, the learned counsel appearing for the respondent No. 1, the original plaintiff, has urged that there is no sufficient cause made out for condonation of delay and hence, he orally opposes the application. 3. For the reasons stated in the application, I am satisfied that sufficient cause has been made out for condonation of delay, caused in filing the application for setting aside the abatement. Hence, the delay caused in filing the instant application is condoned. Abatement of the appeal is set aside. The application stands disposed of. [ R.K. DESHPANDE, J.] ssc/ca6141.09