1 cas1149-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1149 OF 2010 IN SECOND APPEAL NO.98 OF 1990 Ramrao Ganpat Nanekar .. Applicant Vs. Kashinath Bapu Ukirade since deceased through his l.h. Sadashiv Kashinath Ukirade and Ors. .. Respondents Mr.K.S.Patil for the applicant Mr.N.D.Pote i/b Mr.Uday Warunjikar for respondent nos.1a to 1g CORAM: K.K. TATED, J. DATE: 14TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the applicant. 2. This civil application is preferred by original defendant no.2 for setting aside the abatement order dt.28.7.06 passed by this court (Coram: A.S.Oka, J.) in Second Appeal No.98 of 1990. 3. The learned counsel for the applicant submits that the applicant is a Senior Citizen. He further submits that for want of knowledge of the death of sole respondent, the applicant could not take appropriate steps 2 cas1149-10 to find out the names and addresses of legal heirs. 4. The learned counsel for respondent vehemently opposed the present Civil Application. He submits that the applicant failed to disclose sufficient cause for condonation of delay. 5. Considering the submissions made by learned counsel for applicant and the averments made in para nos.4 to 7 of Civil Application, Civil Application is allowed in terms of prayer clause (b) and (c) which reads as under: (b) Delay of 3 yrs and 180 days in filing this application may be condoned. (c) this Hon ble Court may recall its order dated 28.7.2006 ’ and restore Second Appeal No.98 of 1990 back to its file. 6. Civil Application is disposed of accordingly. (K.K. TATED, J.)