1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9346 OF 2010 IN FIRST APPEAL NO. 2664 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR,J. DATED : 29.07.2010 1. Adv. Shri V.P. Raje h/f. Adv. Shri C.R. Deshpande for the applicant and A.G.P. Shri V.G. Shelke for respondent/State are present. This is an application for condonation of delay of 468 days in bringing legal representatives of deceased appellant on record and for setting aside abatment. The reasons given in the application are that there was financial difficulty, one of the heirs was widow, two were married daughters and other three were sons. It is also stated by the applicants that they were not aware of the procedure and also pendency of the first appeal. The applicant learnt about it only after he received letter from the advocate on 21.05.2010. 2 2. In the circumstances, considering the reasons given in the application, on some costs, the application can be allowed. Hence, the application is allowed; delay condoned. Abatment set aside. The legal representatives of deceased appellant be brought on record. The appellant shall pay Rs. 1000/- (Rupees One Thousand Only) as costs to respondent/State within five weeks. 3. The Civil Application is accordingly allowed and disposed of. [P.R. BORKAR, J.] snk/2010/JUL10/ca9346.10