1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2110 OF 2009 IN WRIT PETITION NO.5665 OF 2004 Vimlabai Premji Gosar & Anr. Since deceased through heirs/ legal representative. .. Applicants versus Joaquim Diogo Mascarenhas .. Respondent Mr.Ramchandra Yadav for the applicants. Mr.A.S.Khandeparkar for the respondent. CORAM : A.S.OKA, J. DATE : 29th August 2009. P.C.: . Heard learned advocate for the applicant and learned advocate for the respondent. The application is opposed by the advocate for respondent by pointing out that there is a gross delay in making this application and order of abatement has been passed on 10th October 2008. 2. The present application is filed by the legal representatives of the writ petitioner. The original petitioner died on 12th February 2008. In paragraph 3 of the application it is stated that though the advocate appointed by the original petitioner was present on 10th October 2008 2 when order of abatement was passed, the said advocate did not inform the applicants about the said order. It is alleged that the applicants became aware of the proceedings of the writ petition in May 2009 as stated in paragraph 4 of the application. The present application has been filed on 24th August 2009. 3. Though there is a delay in filing application, in view of the averments made in the application, the delay deserves to be condoned. However, the applicants will have to pay costs of Rs.5,000/- to the respondent. 4. Hence, I pass the following order: : O R D E R : (a) The application is allowed in terms of prayer clauses (a) to (c) subject to applicants paying costs of Rs.5,000/- to the respondent within a period of six weeks from today. Payment of costs will be a condition precedent. (b) Interim relief, if any, granted in writ petition is also restored. (c) Amendment to be carried out within four weeks. (A.S.OKA,J)