( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 393 OF 2006 IN CIVIL APPLICATION (ST.) NO. 224 OF 2006 AND CIVIL APPLICATION NO. 4659 OF 2006 IN CIVIL APPLICATION (ST.) NO. 9114 OF 2006 BOTH IN WRIT PETITION NO. 1718 OF 1991 Dajiba s/o Yeshwanta Bhalke Since deceased, by L.Rs. and others. APPLICANTS VERSUS The State of Maharashtra and others RESPONDENTS ..... Mr. Kagne, advocate holding for Mr. S.S. Choudhary, advocate for the applicants. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th February, 2010] PER COURT : 1. These are applications for substitution of the legal representatives of deceased petitioner and the ( 2 ) respondent No. 6. 2. Heard Mr. Kagne, holding for Mr. S.S. Choudhary. 3. It appears that the delay was caused due to lack of knowledge regarding pendency of the petition and, therefore, the legal representatives of the petitioner could not suo motu appear. It appears that when the matter came up for hearing, they received intimation regarding pendency of the petition and, therefore, moved the application for condonation of delay and setting aside of the abatement. It is clear that the petition was admitted long back and was pending when the death of petitioner did occur. Considering the grounds mentioned in the application, civil application No. 393/2006 is allowed. The legal representatives of the petitioner are permitted to be substituted in his stead. The abatement is set aside. The delay is condoned. 4. So far as another application is concerned, it is pertinent to note that the death of respondent No. 6 was not intimated as required under Rule-10A of Order- XXII of the Civil Procedure Code and, therefore, the ( 3 ) applicants had no knowledge about the same. They came to know about the death of respondent No. 6 at very late stage. Considering the explanation given in the application, the delay is condoned and the abatement is set aside. The legal representatives of the deceased respondent No. 6 be taken on record. Civil application is allowed. [ V.R. KINGAONKAR ] JUDGE NPJ/ca393-4659-06