1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.5437 OF 2008 IN CIVIL APPLICATION STAMP NO.7916 OF 2008 IN WRIT PETITION NO.381 OF 1993 M/s Damodhar Jagannath Malpani ... APPLICANT VERSUS Thakubai Haibati Ghadage died L.Rs. Haibati s/o Rabhaji Ghadage and others ... RESPONDENTS ..... Shri Ram Shinde, Advocate holding for Shri A.S. Bajaj, Advocate for the applicant Shri H.U. Dhage, Advocate holding for Shri S.T. Shelke, Advocate for respondents ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Leave to correct the title of the application. 2. Perused. Heard learned counsel for the parties. 2 3. The applicant (original petitioner) has preferred the present application for condoning the delay of one year and 193 days in filing the Civil Application for bringing the heirs and legal representatives of deceased respondent on record. 4. The applicant submits that, he got the information of the death of respondent Thakubai Haibati Ghadage on 15.1.2005 and got her death certificate on 2.2.2007. Accordingly, the applicant (petitioner) filed application for bringing the heirs and legal representatives of deceased respondent on record as contemplated under Order XXII Rule 4 of the Code of Civil Procedure and for setting aside the abatement. However, since delay of one year 193 days has been caused therefor, the applicant has preferred the present application for condoning the said delay, stating that the said delay is not deliberate, willful and intentional. 5. Learned counsel appearing for respondents opposed the present application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 6. Considering the averments in the application and also considering the rival contentions, it appears that the applicant has explained the delay satisfactorily and it also 3 appears that the said delay is not willful, intentional and deliberate and, therefore, same is required to be condoned in the interest of justice. 7. In the result, present application is allowed in terms of prayer clause (B) thereof and delay of one year and 193 days caused in filing Civil Application for bringing the heirs and legal representatives of deceased respondent on record stands condoned. (SHRIHARI P. DAVARE, J.) fmp/ca5437.08