1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 959 OF 2008 IN CIVIL APPLICATION NO. 2290 OF 2009 IN CIVIL APPLICATION NO. 249 OF 2010 IN WRIT PETITION NO. 5329 OF 1995 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. G.V.Wani, Advocate for applicants. Mr. T.S.Lodhe, A.G.P. for State. ........................... [ CORAM : V.R.KINGAONKAR, J. ] DATE : 10/02/2010 PER COURT : 1. Heard. 2. The petition was dismissed due to non compliance of the directions issued on 12/12/1997. The petitioner failed to remove the office objections within the given period. It is submitted by the learned counsel on behalf of the applicants that there was no intentional omission as such but the objections 2 could not be noticed. He further submits that the death of the petitioner occured in the mean while and his legal representatives were unable to know about pendency of the petition or dismissal thereof. Consequently, they have filed application for the substitution of the legal representatives in place of the deceased petitioner and for recalling of the dismissal order. 3. Considering the reasons stated in the applications, I deem it proper condone the delay and allow the legal representatives to be substituted by setting aside the abatement. So also, it would be appropriate to restore the petition, in the peculiar facts and circumstances of the present case, on condition that the objections shall be removed within three (3) weeks i.e. 3/3/2010. The applications are accordingly allowed. All the Civil Applications are disposed of. [ V.R.KINGAONKAR ] JUDGE knp/CA 959.08 in WP 5329.95