1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.106 OF 2010 IN WRIT PETITION NO.2480 OF 1996 Tukaram M. Dharpowar .. Petitioner Vs. Bombay Municipal Corporation .. Respondent And Pravin Tukaram Dharpowar and Ors. .. Applicants Mr.P.G.Karande for the petitioner Ms.V.S.Gharpure for respondent/M.C.G.M. CORAM : J. N. Patel, Acting C.J. & S.C.Dharmadhikari, J. DATE : June 7, 2010 P.C. : 1. Heard. 2. The applicants are the legal heirs of the original petitioner who died on 13.09.2003 during the pendency of the petition. It is the case of the applicants that they were not aware about the petition in this court till they received the communication from their advocate and therefore, there was a 2 delay of 7 years 6 months and 22 days in taking out this Chamber Summons for restoration of petition for bringing out the legal heirs on record. 3. The learned counsel for the respondents submitted that this cannot be considered as good and sufficient reason for condoning the delay. 4. We have given our anxious consideration to the facts and circumstances of the case. The petitioner had filed this petition for recovery of his dues from the respondent Corporation. The petition was pending since the year 1996. Taking into consideration that the petition was not taken up by this court for a long time, it would not be proper to refuse the relief sought for by the legal heirs of the petitioner in the given facts and circumstances. Therefore, Chamber Summons is allowed. Delay is condoned. Abatement of the petition is set aside. Applicants are permitted to be substituted in place of the deceased petitioner. Necessary amendment be carried out within a weeks time. 5. Writ Petition to come up for hearing on 21.06.2010. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J 3